Big Changes in Early Case Assessment

Published Wed, June 03, 2009 by David Rostov

by David Rostov

There are some very exciting trends and developments going on in the Early Case Assessment (“ECA”) phase of litigation. ECA is a critical part of the litigation process since it is a time to perform a preliminary analysis of the merits of a case, claims, likely defenses and estimate of the cost of the case. Usually the ECA is conducted in the first 90 days from the time a case is filed. There is general agreement that ECA improves litigation outcomes. For example, a survey by LexisNexis showed that ECA results in favorable...

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