Originally from Alternatives to the High Cost of Litigation

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When planning to set sail to a new foreign port, any seasoned sailor will carefully review the sea charts and plot out the best course to arrive quickly and safely at the destination. Indeed, only a fool would simply set sail without a plan, hoping for the best.

Yet too often when confronted with an international dispute, corporate counsel hires outside counsel largely based on past success in the hopes that simple experience will suffice to ensure a successful outcome. But because every dispute is different and poses its own unique challenges, putting together an initial case plan is one of the best ways to help ensure that both corporate and outside counsel are efficiently and effectively litigating the dispute.

An initial case plan can be prepared relatively quickly and often for a fixed fee. It should ideally consist of three major sections:

(1) Consideration of the major facts surrounding the dispute,
(2) An evaluation of the major legal issues presented, and
(3) A discussion of the strategy to be pursued. Presented below are some of the steps that can be taken early on in any dispute to put together an initial case plan and chart out a course for success.