The Litigation Response Plan must include the litigation history at your company. You should review and summarize the litigation that has occurred at your company the last few years.
How many legal matters have you had? Usually companies break down legal matters into two types: litigation cases where a lawsuit has been filed and non-litigation risk files where there is a substantial risk of a claim (corporations refer to these as red files or risk files). Of course, there are other types of matters, such as regulatory matters.
Document all of these in your Litigation Response Plan, and break down the claims as plaintiff or defense claims. What type of claims does your company deal with? For example:
- 200 legal matters each year
- 12 discrimination cases
- 1 class action
- 3 regulatory cases
- 112 product claims
By understanding the types of claims you deal with, the Litigation Response Plan will help you better respond to litigation.
Next, review the discovery requests you receive for your cases and look for common patterns and catalog common requests. What are the most common requests for paper documents, electronic files, and emails? List common types of items to produce and specify the source and location of the electronic data.
This document shows that a single request in a Request for Production can have many documents, files or email associated with it.
The following diagram shows an example of requests contained in a Request for Production (the company name is fictitious).
Lawyers often use common boilerplate requests. You may find that 70-80% of the requests are similar and repetitive. Why not anticipate those in your cases?
For example, the Request for Production above asks for CVs and operating budgets. Once you understand the common discovery requests you receive, you can do several things. In some companies, we set up a central filing system to store commonly produced paper documents. Access to these files is limited to the legal department personnel. When a request is received, copies of the paper documents are easily retrieved from the central file cabinets. Done.
We also suggest setting up a litigation server, or at least a file share on one of the company's servers, as a centralized repository of commonly requested electronic files and emails that are commonly produced in your e-discovery cases. Again, only the litigation department would have access to this information.
Legal Technology Group
Phone: (503) 200-2936
Email: info@LitigationResponsePlan. com