Using Technology to Trim Litigation Costs | Esquire Deposition Solutions, LLC


The emergence of synthetic intelligence as a vital authorized expertise has prompted discussions amongst legislation agency leaders relating to how AI usage should be disclosed to clients and who – the legislation agency or the consumer – ought to profit from any ensuing price financial savings. Whereas synthetic intelligence applied sciences will undoubtedly play a task in minimizing litigation bills, it’s essential to be conscious of all of the ways in which much less glittery applied sciences can play in holding litigation prices down.

At a minimal, insurance coverage corporations and firms with giant litigation budgets needs to be profiting from the next methods to leverage presently obtainable applied sciences to reduce litigation prices:

Utilizing expertise to stop represented claims. Insurance industry studies point out that “represented claims,” which means claims the place the insured is represented by counsel, are considerably dearer than comparable claims with unrepresented claimants. Litigated, contested claims sometimes have each greater bills and better payouts to the insured. Expertise that may quickly, and pretty, course of claims quickly after the coverage-triggering incident can have a big impression on an insurer’s litigation prices.

Utilizing expertise to pick out counsel. One rising authorized expertise is so-called “litigation analytics” software program that extracts insights from a database of litigated case outcomes. Not solely are these applied sciences helpful for predicting judicial conduct, in addition they have compelling use instances within the areas of litigator choice, figuring out litigation methods, and establishing litigation budgets.

Utilizing expertise to extend collaboration between purchasers and out of doors legislation corporations. Though billing practices are evolving quickly, it’s nonetheless nonetheless true {that a} litigator’s time is his or her most respected asset (and certain the most costly merchandise on a legislation agency’s billing assertion). Implementing measures to chop down the time a litigator spends on a case matter essentially leads to price financial savings for the consumer. For that reason, collaboration, data-sharing, messaging, and videoconferencing applied sciences all have the potential to create price financial savings for the consumer.

Almost all trendy legislation corporations deploy a spread of applied sciences that help the agency in monitoring case deadlines, organizing the consumer file and litigation supplies, and facilitating consumer communication. These applied sciences all yield price financial savings to the consumer.

Utilizing expertise to trace and presumably management legislation agency billing practices. Expertise can be utilized to establish areas for effectivity and implement agreed-upon litigation budgets. Shoppers needs to be conscious that litigation administration tips could be a contentious subject, nevertheless. Some courts won’t implement them if it may be demonstrated that they impeded the litigator’s moral obligation to make use of impartial skilled judgment relating to how greatest to competently conduct the litigation. Applied sciences that analyze legislation agency billing statements – and implement agreed-upon payment preparations – can also produce vital price financial savings.

Utilizing expertise to reduce litigation prices. Lastly, litigators and their purchasers shouldn’t underestimate the monetary impression of the continued revolution within the court docket reporting business. Distant depositions, for instance, have the potential to carry vital price financial savings to pretrial discovery obligations by minimizing journey time to and from the deposition, by permitting extra members of the litigation group to take part (or observe) the deposition, by making depositions simpler to schedule, and by yielding a digital completed product that may be saved – and analyzed – by litigation administration applied sciences. Subtle new digital platforms which might be purpose-built for conducting remote depositions make for a simpler in-deposition expertise, notably in depositions that require a non-trivial variety of reveals.

Lastly, from a expertise standpoint, the prudent selection of court-reporting service providers will decrease the probabilities that consumer confidential info can be inadvertently uncovered, or misplaced, throughout the deposition course of.

Backside line: insurers and companies have already got at their disposal compelling applied sciences to at the very least partially mitigate the rising prices of litigation. Judicial analytics applied sciences, collaboration instruments, and speedy digital innovation inside conventional justice system individuals like court docket reporters and e-discovery suppliers give corporations right this moment the instruments they should effectively share with outdoors legislation corporations and distributors the burdens of recent litigation.



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