Early Case Assessment

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Early Case Assessment

Early Case Assessment: Overview

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For leaders of Fortune 500 legal departments, litigation presents substantial potential risks. Accurately evaluating and managing that risk, before legal cases begin, is the chief aim of early case assessment, and an important step that must not be underestimated. At the same time, because of the intricate nature of cases and the fact that each case has its own intricacies based on case information, the legal counsel involved, and the efforts of opposing counsel, proper early case assessment can be extremely challenging without outside assistance. Argopoint offers industry-leading expertise in assisting legal departments with all stages of the early case assessment process, with the objective of mitigating the risks of litigation as much as possible and produce substantial potential savings.

The best way to predict the future is to create it.
— Peter F. Drucker, Leading 20th Century Management Thinker

Early Case Assessment: Objectives

With the increasing trend towards eDiscovery, early case assessment is becoming increasingly a data-driven process that carries both substantial challenges in managing and organizing a large volume of case data, as well as substantial potential for serious repercussions in the event of error. A systematic and standardized approach to early case assessment is required to tackle the former, while a nuanced and flexible approach is required to properly mitigate the latter. Argopoint understands these at times conflicting needs, and recognizes that an effective early case assessment strategy must strike a balance between both approaches.


Early Case Assessment: Solutions and Savings

The power of early case assessment, done properly, is that it produces substantial protection for the legal department from the risks of the discovery process. Yet there are many potential risks in the early case assessment process. For example, not all discovery solutions and vendors are equal - and selecting from among these options is a task unto itself. To further complicate the problem, early case assessment must be viewed as a means unto an end, rather than an end in its own right. That is, early case assessment must align with the legal department's objectives in the case itself, lest it become merely an exercise in file management, with no real purpose, and a waste not only of money, but also of precious time.

By contrast, Argopoint understands that proper early case assessment must focus on the end goal - that is, the successful outcome of the legal case itself. In particular, any early case assessment efforts must have be centered around the efforts of the legal case team, while paying due diligence to the risks involved in the early case assessment process. Argopoint has substantial industry experience in assisting legal departments with navigating this treacherous terrain to produce the best possible legal case outcomes.

Key Questions for Legal Departments Considering Early Case Assessment

1.    Does your legal department have a standardized, yet flexible, strategy for the early case assessment process?

2.   What is your legal department's method for ensuring that early case assessment is always in service to the relevant case's successful resolution?

3.   How does your legal department ensure that early case assessment does not become a task unto itself?