Best Practices for Ethically Managing Legal Spend: Before, During, and After Litigation

(361 Ratings)

Produced on: February 25, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 75 minutes
Difficulty Intermediate

One of the biggest challenges facing today’s corporations and law firms is engaging high quality legal representation in litigation while at the same time, ensuring that the work is carried out by the most cost-effective and reasonable measures in accordance with the Rules of Professional Conduct governing attorney ethics. This course, presented by Wyatt Partners (a corporation that focuses exclusively on the subject of legal fees), addresses today’s hot topics in legal spend management – both from an in-house and outside counsel perspective throughout the entire litigation process. 

From Engagement Agreements, Budgets, and Outside Counsel Billing Guidelines, our speakers will highlight certain best practices for both counsel and client before the litigation process even begins. The program will then focus on communication and case management issues that occur during the litigation, amidst e-discovery, motion practice, expert disclosures, trial, and appeal. Finally, our speakers will explore the benefits of the self-evaluation process (between client and counsel) after the litigation is over.

The program will specifically focus on applicable Rules of Professional Conduct and case law,  as well as the wide foray of experience our speakers have gained serving as fee experts across  the United States and Europe as well as advisors to corporations and law firms with respect to managing legal spend. 

Both law firms and corporations will benefit greatly from such insights  on a timely and evolving topic that affects everyone in today’s legal and business market.

Learning Objectives:

  1. Best practices for ethical pre-litigation legal spend management, including the selection of outside counsel, engagement agreements, budgets, outside counsel billing guidelines, preparing for e-discovery costs, and the roles of the client (and possibly third-party payors)
  2. Best practices for ethical legal spend management during the actual litigation, including the case management of the required workload (motion practice, discovery, trial, etc.), and miscellaneous lessons learned by both counsel and client
  3. Best practices for ethical legal spend management after litigation is over, including assessing Outside Counsel Billing Guidelines, conducting a cost-benefit analysis, and communications between counsel and client in preparation for future litigation
  4. Identifying, evaluating, and managing other variables that affect litigation fees/expenses



This course originally appeared as a part of our February 2017 Bridge the Gap Event.


Faculty

Lindsay Tasher

Wyatt Partners

Lindsay H. Tasher is Managing Director at Wyatt Partners, where she focuses her time on attorney fee expert witness work, advising major corporations and law firms on the development of litigation budget programs and billing guidelines, and assessing and evaluating the reasonableness of attorneys' fees in complex litigation in federal and state court throughout the United States.

Prior to her work with Wyatt, Lindsay was in private practice in two major law firms – one in New York and one in New Jersey. She handled all types of civil litigation, with an emphasis on aviation mass-tort law and wrongful death/personal injury claims against airlines and their insurers. She also gained experience in product liability and asbestos defense litigation, as well as various commercial claims under both New York and Jersey state and federal law, including claims for breach of contract, fraud, negligence, and breach of fiduciary duty.

Lindsay received her undergraduate degree in English from Princeton University in 2000 and her law degree from The George Washington University Law School in 2005.

She currently serves on the board of Cancer Hope Network (and, for several years, served as General Counsel), a not-for-profit organization that provides free and one-on-one support to cancer patients and their families. Lindsay also serves on the George Washington University Law School Alumni Association Board of Directors, and as President of the Friends of Princeton University Players’ Alumni Board.


Samuel Tasher

Wyatt Partners

Samuel L. Tasher is Managing Director at Wyatt Partners, where he focuses his time on attorney fee expert witness work, advising major corporations and law firms on the development of litigation budget programs and billing guidelines, and assessing and evaluating the reasonableness of attorney’s fees in complex litigation in federal and state court throughout the United States.

Samuel simultaneously serves as the General Counsel of Cloud X Partners, a Washington-based corporation engaged in the provision of cloud-based computing services.  Samuel also provides consulting services to a major sports franchise in New Jersey.

Samuel earned his A.B., J.D., and LL.M. Degrees from Duke University. While at Duke, Samuel spent several years working for Duke University’s Athletics Department, where he was engaged in various capacities across the department, including the Compliance Office, contract review and procurement in the Legal Office, and fundraising in the Major Gifts Office. Samuel was twice published in GoDuke Magazine, the official monthly publication of the Duke Athletics Department. Samuel spent the summer of 2011 with the Legal Department of the New York Yankees, where he was engaged in review of litigation, contracts, and sponsorship deals. Samuel is licensed to practice law in New York, New Jersey, and the District of Columbia.  



Reviews

JR
Jeff R.

Solid presentation.

DD
Dave D.

A bit long but well done

HL
Harold L.

Good presentation.

AW
Andrea W.

I appreciate the information and expertise of the speakers. Well done presentation. Clear and beneficial.

SJ
Stewart J.

Outstanding. This course was advertised as being about ethics and fees. It taught much more. It was a useful window into how control costs of litigation. And it helpsl to have well prepared and animated presenters. Thanks Sam & Lindsey

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