Overview of a Litigation Services Engagement
Pre-engagement Phase:
1. Perform a conflict and business relationship review.
2. Evaluate whether to accept the engagement.
3. Obtain an engagement letter, and a retainer if appropriate.
Planning Phase:
4. Develop a time and fee estimate, if requested.
5. Prepare a work program, including assignment of appropriate personnel and coordination with other experts.
6. When appropriate, review the work program, staff assignments, and fee estimates with the attorney or client.
Data Gathering and Analysis Phase:
7. Collect the data necessary to achieve the engagement’s objectives.
8. Perform the procedures necessary to achieve the engagement’s objectives.
9. Consider confirming certain information in writing.
10. Document the work performed and conclusions reached, to the extent necessary in the circumstances.
Reporting and Testifying Phase:
11. When appropriate, draft a report of the engagement findings.
12. Review the report draft and supporting documents.
13. If practical, obtain an independent internal review of the report draft and supporting documents.
14. Resolve any professional disputes.
15. Discuss engagement findings and report draft with the client and client’s attorney.
16. Follow up and resolve any issues or open items.
17. If requested, prepare the final report.
18. Sign the report or transmittal letter and deliver it to the client’s attorney.
19. Help the client’s attorney with presentation and cross-examination.
20. If required, provide expert witness testimony at depositions or trial.
Wrap-up Phase:
21. Review the case for lessons learned applicable to future cases.
22. File the supporting documentation.
- R. S. Kulzick – 4/03/2008 -
Reference: Practitioners Publishing Company. (2006, July). PPC’s guide to litigation services. 11th ed. Ft. Worth, TX: Practitioners Publishing Company. pp. 2-24 - 2-25.
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