A phase-based estimate that survives contact with the case.
Esshaki Legal Media TeamCurrent as of June 2022
A budget is a planning tool, and it is useful only if it states assumptions and
is revised.
Phases. Case assessment and pleadings; early motions; written discovery;
document collection, review and production; depositions; expert work;
dispositive motions; pretrial; trial; and post-trial and appeal.
Assumptions stated. Number of custodians and estimated document volume;
number of depositions taken and defended; number of experts; whether a
dispositive motion will be filed; the trial length; and the schedule. A budget
without assumptions cannot be assessed when it is exceeded.
Drivers. Document review is usually the largest single item and the most
sensitive to scope. Model it separately with volume, review rate and cost per
hour.
Contingencies. Discovery motions, a third-party dispute, an interlocutory
appeal, and a scheduling change — each with a probability and a cost.
Reporting. Actual against budget by phase, monthly, with variance
explanations and a revised forecast.
Revision points. After the pleadings close, after the scope of discovery is
known, and after the key depositions. A budget prepared once and never revised
is abandoned rather than exceeded.
Use. The budget informs the settlement analysis. A case worth less than the
cost of trying it should be resolved, and the budget is what shows that.