Proportional Defense

Proportional Defense

Proportional Defense

The approach matches staffing, discovery scope, expert investment, and motion practice to the claim's value rather than applying uniform handling. It draws on the proportionality principle in discovery rules.

It requires accurate early exposure assessment.

Alternative Names:

Proportionate Defense|Right-Sized Defense

Why it Matters?

Accurate exposure assessment is the precondition, since proportional handling of a matter whose exposure was underestimated produces underinvestment in a case that later proves substantial. Reassessment triggers protect against that. The approach also requires client alignment, because a defendant preferring vigorous defense of every claim for deterrence reasons has made a portfolio decision that individual proportionality analysis would not reach.

Frequently asked questions

What is the precondition?

What is the precondition?

Accurate early exposure assessment, since proportional handling of an underestimated matter produces underinvestment.

Why does client alignment matter?

Why does client alignment matter?

Because a defendant defending vigorously for deterrence has made a portfolio decision individual proportionality would not reach.