Litigation Assistance, Management and Consulting

If you have a case in litigation, Mark stands ready to assist you every step of the way.  The cradle-to-grave litigation support services he provides can help busy professionals throughout the litigation process.  He stands ready to assist busy attorneys with litigation support services including the following:

  • ◦ Case intake and initial case assessment

  • ◦ Research viability of claims, defenses, crossclaims, third-party claims, and counterclaims

  • ◦ Preparation of appropriate pleadings throughout the litigation process, including complaints, answers, motions to dismiss, motions for summary judgment, petitions for removal to federal court, and briefs and legal memoranda in support of such motions.

  • ◦ Preparation of briefs in opposition to motions filed by opposing parties

  • ◦ In clear-cut cases, prepare settlement packages to determine whether settlement might be achieved without proceeding to full-blown litigation.

  • ◦ Prepare custom, tailor-made discovery including interrogatories, requests for production of documents and requests for admissions

  • ◦ Formulate detailed, tailored discovery plans including identification of witnesses, interviews of non-party witnesses, issuance of deposition notices and accompanying subpoenas for party and non-party witnesses (including30(b)(6) depositions of relevant entities), take depositions of witnesses if requested to do so, prepare client attorneys for depositions with detailed outlines and pre-selected deposition exhibits, prepare post-deposition summaries, issue subpoenas to non-party entities and persons (such as casualty, liability and property insurers, vendors, consultants, engineers, contractors and other professional entities and their employees believed to have information and documents that are relevant to the case).

  • ◦ Take depositions of fact and expert witness if requested to do so by client.

  • ◦ Request relevant documents from opposing parties through requests for production and via subpoena from non-parties, review documents received and create “hot” list of important documents.

  • ◦ Make initial assessment as to liability and value in the case.

  • ◦ Respond, and if appropriate, object to discovery from opposing parties, review documents prior to disclosure to adverse parties for relevance, discoverability and privilege.

  • ◦ Defend depositions of client-party witnesses or prepare assigning attorney to do so.

  • ◦ Research and brief appropriate motions including motions to dismiss, motions for summary judgment, motions to amend pleadings and, if opposed, motions for extensions of time

  • ◦ Identify, vet and retain appropriate expert witnesses.  Depose and defend opposing expert witnesses at depositions or prepare assigning attorney to do so.

  • ◦ Prepare or defend against dispositive motions.
  • ◦ Draft and prepare briefs in support or in opposition to pretrial motions including motions for summary judgment, motions to dismiss, and motions to compel discovery.

  • ◦ Compile and synthesize evidence, develop case and trial strategies, conduct litigation consulting, develop comprehensive case themes and narratives for mediation and trial.

  • ◦ Conduct detailed research regarding similar cases to determine case value and potential liability exposure.

  • ◦ Prepare high quality PowerPoint presentations for use at mediation, focus groups and mock trials (we have our own high definition digital projector and high-resolution screen).

  • ◦ Conduct focus groups to sharpen issues and determine attitudes and prejudices of potential jurors.

  • ◦ Prepare for trial with assigning attorney, including identification of exhibits, drafting of pretrial motions such as motions in limine, drafting of pocket briefs for use during trial, preparation of witnesses for trial, including experts, make necessary pretrial disclosures to opposing counsel, draft trial briefs, prepare proposed jury instructions, prepare trial exhibits.

  • ◦ Consult with assigning attorney throughout the case regarding case management and theory, narratives, strategies and themes.

  • ◦ Assist with handling of trial, including riding second chair if so chosen by assigning attorney.

  • ◦ Prepare post-trial motions.

  • ◦ If necessary, give notice of appeal, settle record on appeal, and draft appellate brief.