Litigation Strategy and Case Evaluation
Case Assessment
Early case assessment gathers the key facts, identifies the relevant data sources and their volume, estimates discovery cost, and produces a preliminary exposure range before substantial expense is incurred.
In electronic discovery it also refers specifically to analyzing collected data early to scope review and estimate cost.
Alternative Names:
ECA, Early Assessment
Why it Matters?
Decisions made in the first sixty days determine most of a matter's total cost, because discovery scope, expert retention, and resolution posture are set then. Assessment done early is also when preservation obligations can still be met, evidence still exists, and an early resolution is still available at a favorable number. Deferring it until after the first round of written discovery forfeits most of those options.
Frequently Confused with
Related terms
Frequently asked questions
What does early case assessment produce?
Why does timing matter so much?
