SAMPLE LOMAS Administrative Form
Form No. 096147, page 1 of 5
LITIGATION PLAN
PRELIMINARY ANALYSIS The Case Attorney should use the following as a guideline in preparing the preliminary analysis of the case for outside counsel: 1. What are the primary facts? - Who? - What? - When? - Where? What are the substantive fact issues in the case (those that will create and define rights and duties)? - Identify disputed, controlling fact issues. - Note disputed facts opposing party may be relying on. - Possible defenses. What are the legal issues that will govern the substantive fact issues in the case? - Obligations and duties. - Contractual rights, remedies, indemnities, limitations on damages, etc. - Special relationships. - Obligations to arbitrate or mediate. - Possible defenses. Are the legal issues presented of particular significance to the Company? - Importance to overall business. - Possibility of a precedent which could have repeated adverse impact. - Possibility of repeated or multiple claims based on similar allegations. Assessment of procedural matters. - Venue. - Removal. - Third party liability. - Additional claims or parties. - Affirmative defenses. - Strength/weakness/aggressiveness/experience of or with opposing counsel and/orparty. Does the case present difficult discovery problems? - Burden of discovery: scope of people and documents involved. - Unusual expenses involved. Does the case involve claims that will require substantial involvement of
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SAMPLE LOMAS Administrative Form
Form No. 096147, page 2 of 5
management or employees with technical expertise? 8. Are employees and other witnesses required to defend the case readily available? - Add to cost of discovery? - Exhibit preparation? - Presentation skills; depth of knowledge. What is the realistic exposure in the case? - Actual damages. - Prejudgment interest. - Specialized damages. - Punitive damages. - Treble damages. - Injunctive. - Specific performance.
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10. Are there any special facts or considerations which might "offend" a jury? 11. What are the Company's objectives? - Prompt or delayed resolution. - Proactive or reactive planning. - Settlement. (Economic decision to settle.) - Protection of a principle or company policy. - Preservation or protection of a business relationship.
SAMPLE LOMAS Administrative Form
Form No. 096147, page 3 of 5
LITIGATION PLAN CASE NAME: ____________________________________ DATE: ________________________ CASE SUMMARY -Liability - Best estimate of success/loss (percentage) - Summary liability analysis -Damages (and other relief) - Best estimate of damages and other relief - Summary damages analysis Settlement - What plaintiff is likely to accept and why - Recommendation (if any) of offer, and why
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CASE ANALYSIS -- Facts of the case, including discussion of key documents/witnesses -Proposed factual and legal theory of case as it relates to both liability and damages, with supporting rationale Plaintiff's expected factual and legal theory of the case as it relates to both liability and damages, with supporting rationale Disputed issues of fact, with key facts highlighted Legal issues, with preliminary analysis Strengths and weaknesses of case Litigation objectives: - plaintiff's likely litigation objective(s) (if other than monetary compensation) - litigation objective(s) as understood by opposing Counsel Litigation strategy (i.e., means for achieving objectives) - Plaintiff's expected strategy, and rationale - Recommended strategy and rationale Litigation tactics (i.e., specific steps to implement strategy) - Plaintiff's expected tactics, and rationale - Recommended tactics, and rationale
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SAMPLE LOMAS Administrative Form
Form No. 096147, page 4 of 5
TRIAL PLAN Ninety days before scheduled trial, outside counsel should submit a written Trial Plan to the Managing Attorney for discussion and adoption. The Trial Plan should address the following issues:
CASE NAME: ____________________________________ DATE: ________________________
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Litigation Plan and Budget update (as appropriate) Plaintiff's case - Anticipated basic theory for the fact finder - Principal trial strategy - The most significant points plaintiff will try to make at trial - Rationale for plaintiff's choice of strategies - Plaintiff's likely evidence including: - Fact witnesses, expert witnesses, and key documents - What plaintiff will try to prove with each - Strengths and weaknesses of each - Planned approach to each (e.g., cross-examination strategy evidentiary motions, pretrial motions). - Plaintiff's likely pretrial motions, rationale for each and our strategy for addressing - For jury case, plaintiff's likely jury selection strategy.
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Defendant's case - Basic theory of the case for the fact finder - Proposed principal trial strategy - Outline of opening argument, including the most significant points we should make at trial - Rationale for choosing these strategies - Proposed evidence (fact witnesses, expert witnesses, and key documents) - Description of each witness' testimony - Strengths and weaknesses of each - Plaintiff's likely approach to each (e.g., cross examination strategy, evidentiary motions, pretrial motions) and our strategy for addressing that approach - Recommended pretrial motions, rationale for each, and plaintiff's likely strategy for addressing - For jury case, recommended jury selection strategy
SAMPLE LOMAS Administrative Form
Form No. 096147, page 5 of 5
LITIGATION PLAN BUDGET FOR CASE AS A WHOLE
FOR CASE AS A WHOLE DESCRIPTION TIMEFRAME RESPONSIBLE PERSON ESTIMATED TIME COST
Pleadings (specify) Dispositive/ Forum Motion (specify) Legal Research (specify) Investigation (specify) Discovery and Motions - Depositions (specify) - Document Production - Other (specify) Settlement Negotiations Status Conferences Miscellaneous (specify) Trial Preparation Trial Disbursements TOTAL