information that can be obtained by the client and provided in a confidential and privileged manner to legal counsel ;
• Prompt and concise written correspondence summarizing operative facts of the case and applicable law along with counsel ’ s recommendations for further handling . These recommendations should be based on a considered evaluation of liability and damages exposure , including the probability of prevailing on pre-trial motions or at trial ; the verdict range if the case is tried and lost ; and an estimate of the cost of litigation ; and
• Sufficient experience , analysis and confidence to advise of work that is not required to achieve a favorable resolution of the matter .
Certainly , there are cases with catastrophic exposures or where the businesses ’ product , service or reputation is at issue that demand the most thorough and vigorous defense . In these cases , defense counsel must have the intellect and discipline , skill and cunning , wits and insight , energy , creativity and stamina to best any opponent . However , it is imperative that legal counsel recognize these cases early and distinguish them from more routine matters , so that unnecessary cost and expenses of litigation are avoided .
Litigation over money damages is rarely a matter of life and death . Nevertheless , like doctors concerned about medical malpractice , some lawyers may be inclined to run every test , research every issue and take every step in the litigation process before making a decision or advising their client how to proceed . However , the experienced , successful and properly motivated counsel can accurately identify what work does not need to be done , and advise the client so that resources can be saved .
When business owners are provided with the critical information and advice they should expect and demand from their counsel , they are then prepared to exercise their own good business judgment on how to proceed to minimize their costs and exposure . It is this early and accurate determination of whether additional information or work is needed and whether a matter should be litigated or settled that is the key to minimizing a business owner ’ s risk and expense of legal problems and dispute resolution .
RBE was a proud sponsor of the 2016 Hunt Charity Golf Outing , which raised $ 30,200 for the Assistance League of Indianapolis .
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