Planning for civil litigation improves the outcome of the dispute resolution process.  We work with clients in advance of litigation to discuss the process as it relates to the preservation of evidence in anticipation of litigation, the litigation process, settlement analysis and terms and conditions of settlement agreements. 

 

Failure to perverse evidence can result in the inability to move your case or properly defend against a claim against the company. In addition, failure to pursue evidence can result in court-imposed sanctions against the litigant and can result in forfeiture of the case. Therefore, it is important to establish a procedure to capture and preserve documentary and digital evidence.

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In addition to preserving evidence, care should be taken to implement risk management practices including prudent insurance protection against risk of loss and to cover legal fees and litigation costs associated with litigation costs, which is a primary benefit of business insurance. Therefore, it is important for legal counsel to carefully review contracts of insurance and especially concerning scope of coverage, deductibles and the ability to select defense counsel. 

 

When clients wish to pursue a claim against a defendant, we can often offer contingency fee arrangements in commercial cases, introduce our clients to litigation fundings sources, propose and manage the litigation budget and evaluate the financial, tax and legal factors associated with settlement offers including the cost-benefit analysis associated with offers of judgement, whether to make a settlement offer, and whenever to accept a settlement offer.

 

Both defense litigation and plaintiff litigation have tax planning opportunities associated with particular causes of action. Therefore, tax planning should always be a part of the settlement process.  All of these factors considered in concert factor into the analysis about whether a settlement is favored over continued litigation.

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