Records Analytics

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This session begins with a unique approach to viewing the life cycle of a litigation. Hopefully viewed through a different lens, so we can better understand the value in expediting our records review and looking at what inevitably lies at the end of the tunnel at the earliest possible date. Then we’ll review how companies can develop a discovery datamap in 45 days so they can find records and information they need and ultimately eliminate what they don’t need.

The Inevitable – Death, Taxes and Settlement

Today, many civil litigation attorneys never see the whites of jurors’ eyes. The vast majority of cases settle. By some estimates, over 90 percent of all cases do not get tried. It is the litigation attorneys’ professional and ethical duties to the client to assist in carefully evaluating the potential for an early resolution of a conflict. Creative business solutions must be explored -- especially ones which can result in a win-win outcome for all parties.

If lawyers closely studied their clients’ reactions to litigation – from filing of the suit to ultimate resolution – they would find very predictable behavioral patterns. Those same patterns were explored in depth by Elisabeth Kübler-Ross in her 1969 book, “On Death and Dying.” She popularized the Five Stages of death or grief, which are known by the acronym DABDA – Denial; Anger; Bargaining; Depression; and finally, Acceptance.

Walking Through the Stages

Armed with that knowledge, counsel should be able to do a better job in walking clients through these stages, and reaching settlement, if that is where the matter is headed. Too many clients dwell on the early stages, and waste time and money cycling through anger and depression. But, if there are going to be settlement discussions, the client and the lawyer must be able to put their fingers on the key documents quickly, as soon as possible.

What To Review?

An early analysis of any litigation will inevitably include looking at liability; damages; comparable cases; and other cases handled by the assigned judge. All of this leads back to the company’s records. If a company is prepared to conduct an early resolution and speed up the five stages, it may be able to avoid costly discovery costs. But, it still must know what is contained in key documents. If the case is one of the 90% of the cases which settle, and it is settled early, the ability to find the few needles in the haystack early on can make all the difference.

About the Experts

Rebecca Perry is the Executive Vice President at Jordan Lawrence and oversees the Records Analytics™ Retention Schedule services that provide complete, benchmarked Retention Schedules within 45 days for major corporations. LEARN MORE She can be reached at 636.821.2251 or rperry@jordanlawrence.com.

Ron Levine is a Partner with Herrick, Feinstein and is available to work with existing and new corporate clients to defend them in class actions and other multi-party litigations. He can be reached at 609.452.3801 or rlevine@herrick.com.