In some instances, despite the implementation of effective risk management practices discussed in the prior two articles of this series, litigation is unavoidable. In these situations, in-house counsel can provide value to their organizations by managing the company’s litigation portfolio to successful resolution, i.e. lower spend, shorter time to resolution, and more favorable outcomes.
The discovery process, however, is often where a company’s best laid plans can be derailed. Why? Discovery is a two way street, and you’re not completely in control. Dealing with the opposing party and counsel, and their demands, can be an expensive proposition. In-house counsel should consider the following strategies to take charge of what they can control and successfully navigate the discovery process: