Legal Information Notice: This checklist provides general educational information only. It is not legal advice, does not create an attorney-client relationship, and may not apply to your jurisdiction or circumstances. Laws and deadlines vary. Do not rely on this checklist for a specific legal decision or deadline; consult a qualified attorney licensed in the relevant jurisdiction.
- Litigation can become far more expensive than expected.
- Legal fees are only one component of litigation cost.
- Discovery can consume substantial resources.
- Experts can be expensive.
- Electronic evidence can dramatically expand discovery.
- Business interruption can exceed legal fees.
- Reputation can become a financial issue.
- Litigation strategy should be tied to business objectives.
- Winning a lawsuit does not automatically mean collecting money.
- A judgment may still be difficult to enforce.
- Settlement may produce a better business outcome than trial.
- A lawyer’s aggressive style does not guarantee success.
- Fee arrangements vary.
- Hourly billing can make budgets difficult.
- Alternative fee arrangements require careful definitions.
- Litigation timelines are uncertain.
- Evidence preservation is critical.
- Internal communications can become relevant.
- Employee communications can become relevant.
- Social-media activity can create evidence.
- Insurance may cover some claims or defense costs depending on the policy.
- Conflicts of interest should be investigated.
- Jurisdiction and venue can materially affect strategy.
- Litigation should be evaluated by expected value, not emotion.
- The key question is “What business outcome am I actually trying to purchase?”
B. PREMIUM BUYER CHECKLIST
CASE
☐ Parties identified
☐ Claims identified
☐ Potential defenses identified
☐ Jurisdiction
☐ Venue
☐ Limitation/deadline issues
☐ Potential damages
EVIDENCE
☐ Contracts
☐ Emails
☐ Messages
☐ Financial records
☐ Invoices
☐ Customer records
☐ Employee records
☐ Digital evidence
☐ Preservation plan
LAWYER
☐ Relevant litigation experience
☐ Industry experience
☐ Similar cases
☐ Trial experience
☐ Settlement experience
☐ Fee arrangement
☐ Budget
☐ Expert costs
BUSINESS IMPACT
☐ Management time
☐ Employee time
☐ Customer impact
☐ Reputation
☐ Cash flow
☐ Operational disruption
EXPECTED-VALUE ANALYSIS
Estimate:
Probability of favorable outcome × Economic value
minus
Legal + Expert + Operational + Opportunity Costs
FINAL QUESTION
If I win, what do I actually receive—and what will it have cost me to get there?
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