WHAT ARE THE ELEMENTS OF A LITIGATION RISK ASSESSMENT?
A litigation risk assessment can be customized to suit particular cases and clients but generally includes the following components: • Introduction and Recommendation – A brief summary of the nature and scope of the litigation and a clear recommendation of the strategy for resolution. • Summary of Facts – A synthesis of the key facts, focusing on those facts expected to affect the outcome of the dispute. • Case Status – A short description of the current status of the proceedings, anticipated motions and discovery, and settlement discussions or their absence. This component also can address issues such as the existence of an arbitration agreement and insurance coverage. • Legal Analysis – A discussion of the legal principles that control the dispute and how those principles are likely to apply to the relevant facts. This discussion may also note the benefits and risks of obtaining a binding judicial precedent that might control in future litigation. • Strengths and Weaknesses – A succi
