Myth #4: It's too expensive to use a Litigation Consultant
Continuing our series on “Myths of Litigation Science,” we examine the notion that, “It’s too expensive to use a Litigation Consultant.” Such a comment begs the question, “Too expensive in comparison to what? An adverse verdict at trial? A settlement offer that is too high?” We have seen several occasions where clients have attempted to settle their case immediately following a mock trial. This is often due to the fact that the client had an idea of how much the case was worth, only to find out the potential damage awards were significantly higher than once believed. In fact, we worked on a case in Texas where settlement negotiations began before jury deliberations concluded. This was because the insurer could see and hear the discussions between jurors. Based upon these discussions, the insurer knew that he had little chance of winning the case and could end up paying out an amount of money much higher than originally expected.
We have often seen the flipside, too. There have been instances in which clients believe that a case is worth a specific amount of money only to find out that the case is really worth significantly less. For example, we worked on a personal injury case in Philadelphia where the client’s initial proposed settlement number was reduced following the results of the mock trial. Spending approximately $50,000 to find out that a settlement offer could be reduced by approximately $1 million seems like a good financial investment.
Aside from mock trials, a response to the comment, “It’s too expensive to use a Litigation Consultant” would also be, “Too expensive to prevent bad deposition testimony?” As many clients and attorneys know, witness testimony is one of the most important, if not the most important, element of a case. Poor witness testimony can drastically turn the tide of the case. We have had multiple instances where we have been contacted by attorneys after a poor deposition and have been asked whether we can “fix” the witness’s testimony. Unfortunately, in those instances the answer is often “no.” The solution, however, is to not let it get to a point where bad deposition testimony occurs. To read more about how to avoid bad witness testimony, see my blog post for Myth #2.
At the end of the day, Litigation Consultants have one primary goal: save their clients’ money. To do this, it requires a financial investment on the part of the client. This financial investment, however, pales in comparison to the cost savings that result from a favorable case resolution. We would encourage clients to not fall victim to the adage of being, “penny wise and pound foolish.”
Counter-Anchoring Damages is More Important than Ever