Litigation Strategy and Case Evaluation
Strategy and Planning
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 Confused with
Related terms
Frequently asked questions
What is the precondition?
Why does client alignment matter?
