Risk Retention Services is actively involved in each lawsuit. Once the goals of our client are established, and counsel selected, we work very closely with the attorney to ensure that no documents are filed or served without the input, review and approval from our staff.
Discovery. Within any case, there is “discovery.” Essentially these are questions that a party asks another party to answer or are requests for documents. Traditionally, these requests are handled by an associate (for hundreds of dollars an hour) and often take 10-20 hours each. But, the associate is usually just guessing at the answers. The associate doesn’t know the answers because … the questions are asking for information known to the only to the client (or its litigation manager). At Risk Retention Services we don’t follow that model.
Once we begin working for a client, we develop a library of documents and information specific to that client. We find that the same questions tend to get asked over and over again in most cases. Due to our relationship with our clients, we usually have many of the answers to commonly asked questions and requests at our fingertips. These answers do not require legal analysis, they require facts. While some questions are objectionable, based on our experience we are able to interpose appropriate objections as necessary.
Risk Retention Services provides the first draft of all discovery, and reviews it with the client. By the time the attorney reviews the document(s), all they have to do is ensure that it is legally sufficient. Instead of billing up to $5,000 or more, they can spend less than one hour to ensure sufficiency. Furthermore, there are typically 2-3 sets of interrogatories and requests for documents in each case leading to even larger savings, simply by having Risk Retention Services work up the discovery responses. The money saved helps keep you in control of the litigation under an SIR policy.
Testimony. We read every deposition (sworn examination of witnesses), and assist our clients and attorneys in preparing for a deposition. We will have met with our client, know its business, and ensure that we can educate the attorney on the business, product, services, or processes involved, so that a proper defense can be raised. We also help prepare our clients for depositions and trial, and share resources gained over time on how to help them become an effective witness for their company.
Pleadings. We review and approve every memorandum of law that is filed and approve it for form and substance. We find that many issues arise in many jurisdictions, and have developed a legal brief bank. The personnel who review the legal briefs are familiar with these issues, and our brief bank, and it is common to ask the attorney to insert certain legal points that are covered in a case that was not cited. This is not because the attorneys are not doing a complete job, but because RRS personnel are acutely aware of legal developments that affect their clients and the claims that the clients are involved with.
The defense attorney is actively working for you. He or she does not run the litigation – you do. He or she does not control the risk – you do. Our job is to ensure that their job is done in the right way… and for you.