Starting here: how this matter landed on your desk

• Briefly, what brought this matter to your team and how urgent is the immediate response deadline? Options: Response required within 7 days, Response required within 14 days, Response required within 30 days, No immediate court deadline yet, Unsure
• Name the top three outcomes your legal leadership would call a successful resolution for this dispute Options: Dismissal or favorable motion, Low-cost settlement within budget, Preservation of key contracts or IP, Minimal business disruption, Favorable precedent or public positioning, Other
• Who must sign off on outside counsel selection and what is their expected decision timeline? Options: Deputy general counsel, 1–2 weeks, General counsel, 2–4 weeks, Procurement plus legal, 2–6 weeks, Board or business unit leader, timeline varies, Unsure
• What single evidentiary or scheduling risk would make you stop or delay an outside counsel engagement immediately?

When discovery goes sideways: the hard shortfalls to address now

• If discovery ran twice as long and cost twice your current estimate, what would be the most immediate consequence for the business or your budget?
• Tell me about your in-house capacity to manage large-volume document review and vendor oversight today
• Which past matter taught you the most about discovery overruns and what specifically failed?
• How many likely custodians and data sources do you expect this matter will generate initially? Options: Fewer than 10 custodians, 10–25 custodians, 26–75 custodians, More than 75 custodians, Unsure
• Which business teams suffer most when discovery stretches out, and how does that show up operationally? Options: Sales or client teams delayed, Product or engineering blocked, Finance impacted, Commercial negotiations stalled, Other
• What would have to change about your current internal plan for you to prioritize hiring trial-capable outside counsel now rather than later?

Evidence and systems, the reality check

• If key custodians have left the company or turned off access to their accounts, how would you recover their records and on what timeline?
• List the primary data sources that will hold relevant documents, email, or logs for this matter Options: Corporate email system, File shares and network drives, Cloud collaboration platforms, CRM or transaction systems, Endpoint devices, Backups and archives, Third-party vendor systems, Other
• Do you currently have a legal hold in place for the likely custodians and data sources cited above? Options: Yes, active and documented, Yes, but informal, No, not yet, Unsure
• Who within your organization owns custody and extraction of ESI and how much of their time can they commit to this matter? Options: Dedicated e-discovery manager full time, IT lead part time (10–25%), Outside vendor manages extraction, No identified owner yet, Other
• Is there any contractual, regulatory, or third-party restriction that could prevent us from collecting full custodial data? Options: Yes, confidentiality or vendor limits, Yes, cross-border data transfer restrictions, No known restrictions, Unsure

Witnesses and experts, scheduling the practical truth

• What single witness unavailability or expert gap would make trial-readiness infeasible on your desired timeline?
• Who are the likely fact witnesses and what are their normal availability windows over the next three months?
• Have you identified potential testifying experts or does that search need to begin after an early-case assessment? Options: Experts already identified and tentatively available, Experts identified but availability unclear, No experts identified yet, Unsure
• How soon could key witnesses be produced for deposition if required—within 2 weeks, 1 month, 2–3 months, or longer? Options: Within 2 weeks, About 1 month, 2–3 months, Longer than 3 months, Unsure
• What internal approval process governs witness prep time and expert fee commitments, and who signs off?

The other options on the table: who or what you are weighing instead

• Exactly what would have to be true about your incumbent or internal approach for you to keep it instead of engaging outside counsel now?
• Which alternatives are you actively considering right now, including incumbent firms, panel counsel, or in-house-only approaches? Options: Incumbent outside firm, New outside litigation firm, Panel counsel through procurement, Handle entirely in-house, Specialist boutique for limited tasks, Other
• Has anyone on your team proposed solving this without outside counsel and what was their main rationale?
• What recent deliverable or metric from your incumbent law firm would have to improve to change your mind about switching?
• If a firm could prove a 30 percent reduction in near-term discovery spend without sacrificing outcomes, would that be enough to change your decision this month? Options: Yes, would seriously consider, Maybe, would need more proof, No, other factors prevail, Unsure

Money and milestones that make decisions real

• What fee arrangement, cap, or milestone guarantee would make you comfortable signing an engagement this week?
• Which budget range is realistic for the discovery phase given your internal constraints? Options: Under $100k, $100k–$300k, $300k–$750k, Over $750k, No preset budget
• Who within procurement or finance must approve retainers and what is their approval threshold? Options: Legal team only, Procurement approval required, Finance sign-off required, Board level required, Unsure
• How important are alternative fee structures such as phased fixed fees, blended rates, or capping for your leadership's willingness to proceed? Options: Crucial, Important, Nice to have, Not important
• What billing detail or reporting cadence would remove leadership's top concern about runaway discovery costs?

Operational readiness: the gates we must clear before we start

• If a required technical connector, custodian access, or external approval is delayed by four weeks, what does that do to your planned timeline and business exposure?
• Which systems will require vendor access, API connections, or specialized extraction (select all that apply) Options: Email system, File shares and NAS, Cloud collaboration platforms, CRM or billing systems, Hosted third-party platforms, Endpoint forensic images, Backups and archives
• Do you have a named internal point person for e-discovery and what percentage of their time can they commit to this matter? Options: Yes, >50% dedicated, Yes, 25–50% time, Yes, <25% time, No named owner yet
• Are there regulatory, privacy, or cross-border approvals that could block data transfer or slow preservation requests? Options: Yes, significant cross-border issues, Yes, internal privacy review required, No known gating approvals, Unsure
• Which existing vendor contracts or platform terms might restrict the use of our recommended review platform or require negotiation before collection? Options: Yes, significant restrictions, Some restrictions likely, No known restrictions, Unsure
• What security, access, or clearance requirements will our team or vendors need to meet to work on your systems? Options: SOC2 or equivalent, Specific IT security onboarding, Background checks for on-site staff, No special requirements, Unsure

Signals that accelerate or stop everything: decision triggers and next steps

• If an early-case assessment within two weeks shows the cost and exposure you expect, what stops you from authorizing a scoped engagement that same week?
• Which single metric or outcome would make your leadership sign on the dotted line immediately (for example, capped discovery spend, binding staffing ratio, or accelerated settlement path)? Options: Capped discovery budget, Partner-led staffing guarantee, Fixed-fee phased assessment, Rapid early settlement pathway, Other
• How soon would you like an initial scoping call and a proposed phased fee estimate—this week, next week, within 2–3 weeks, or later? Options: This week, Next week, Within 2–3 weeks, Later
• Who should be on the kickoff call from your side to clear governance, budget, and technical access in one meeting? Options: Deputy GC or GC, Litigation manager or director, IT or e-discovery lead, Procurement/finance representative, Business unit owner, Select as needed
• What remaining concern, if unresolved in the next 5 business days, would cause you to pause advancing the engagement?

• Case Strategy Walkthrough

• Confirm the current state and its cost to your team
• You confirm the demonstrated early-case assessment and scenario paths would let you decide fight-versus-settle before major discovery spend occurs.
• Provide a sample two-week early case assessment memo and a proposed staffing plan with capped associate-to-partner ratios and phased budget scenarios for your matter.
• You confirm the proposed staffing model meets your courtroom presence and escalation assurance needs, including an associate-to-partner cap.
• Scenario walkthrough, realistic fight and settle paths
• Confirm the matter's critical dates, estimated discovery volume ranges, decision-makers, and hard budget guardrails for inclusion in the assessment.
• Agreement on the remaining evidence and matter facts needed to finalize a staffing and fee proposal.
• Staffing model and role commitments
• Deliver a short comparison of three discovery-volume scenarios with corresponding budget checkpoints and trigger points for executive review.
• Early-case assessment deliverable and phased budget controls
• Schedule the follow-up decision review meeting after the assessment is received and reviewed by your buying committee.
• Validation: confirm this maps to your needs

• Case Strategy Walkthrough
• Solution Experience Deck
• Solution Brief — Case Strategy & Staffing

• meeting
• slides
• document

• Draft and File Responsive Pleadings
• Serve and Respond to Written Discovery
• Collect, Process, and Produce ESI
• Manage Document Review and Privilege Log
• Take and Defend Depositions
• Retain and Manage Expert Witnesses
• Draft and Argue Pretrial and Dispositive Motions
• Lead Trial Representation to Verdict
• Negotiate Settlements and Lead Mediations
• Manage Discovery Vendors and Cost Controls
• Prepare Trial Exhibits and Demonstrative Evidence
• Witness Preparation and Mock Examinations
• Seek Emergency Injunctive Relief and TROs
• Post-Trial Motions and Judgment Enforcement

Draft and File Responsive Pleadings

• Which court and docket number govern the responsive pleading deadline?
• How many days remain before your answer or responsive pleading is due under the applicable rule set? Options: Less than 3 days, 3-7 days, 8-21 days, More than 21 days
• Who on your team will provide the factual timeline and primary documents we should cite in the response?
• Do you require a fee estimate for drafting and filing the initial responsive pleading and any cross-claims within a fixed-fee or hourly model? Options: Fixed-fee for pleading only, Hourly estimate, Need both options
• Describe any jurisdiction-specific pleading rules we must follow (for example heightened pleading standards for fraud, mandatory certification, or state notice statutes).
• Identify any factual disputes you consider dispositive so they can be addressed in the initial pleading or affirmative defenses.

Serve and Respond to Written Discovery

• Which discovery devices do you anticipate the opposing party will serve first (interrogatories, requests for production, requests for admission)? Options: Interrogatories, Requests for Production, Requests for Admission, All of the above, Unsure
• How many discrete document requests or interrogatory topics do you expect to be contested based on the complaint and known facts? Options: None/Minimal (0-5), Moderate (6-20), Extensive (21+)
• When do you want us to propose a discovery response schedule (e.g., 30/60/90 day staging tied to phased productions)? Options: Within 48 hours, Within 5 business days, After initial case assessment
• Who will be your designated in-house contact for interrogatory answers and factual sign-off on discovery responses?
• Do you require privilege reservations or clawback agreements under Federal Rules of Evidence or the Federal Rules of Civil Procedure (FRCP) to be proposed in the first meet-and-confer? Options: Yes, propose standard clawback (Fed. R. Evid./FRCP), No, not needed, Need discussion
• Describe any known confidentiality designations or protective order terms you will insist on for produced materials (e.g., Highly Confidential attorney eyes only).

Collect, Process, and Produce ESI

• Which custodial sources must be collected (employee mailboxes, network shares, cloud collaboration, mobile devices, backups)? Options: Employee mailboxes, Network shares, Cloud collaboration (e.g., shared drives), Mobile devices, Backups, Other
• How many custodians and estimated total document volume do you expect for initial collection? Options: 1-10 custodians / <50k documents, 11-50 custodians / 50k-500k, 51+ custodians / 500k+
• When do you need the first staged production completed relative to the pleadings schedule or a preservation meet-and-confer? Options: Within 2 weeks, Within 4 weeks, After initial case assessment
• Specify the preferred production format you will accept for ESI (for example native with load file, consolidated text with standard load file, or TIFF with OCR) and any required load-file fields. Options: Native with load file, Consolidated text with load file, TIFF with OCR and load file, Other
• Do you require advanced processing steps such as optical character recognition (OCR), de-duplication, email threading, and timezone-normalized metadata extraction? Options: OCR + de-duplication + threading, Subset of these (specify), No advanced processing required
• Identify any regulatory or third-party retention holds we must honor during collection (for example SEC, FINRA, HIPAA related holds).

Manage Document Review and Privilege Log

• Describe your preferred review workflow for responsiveness and privilege tagging (linear review, review by issue coding, or technology-assisted review). Options: Linear review, Issue-based coding, Technology-assisted review (TAR), Hybrid
• How many review reviewers will you assign or prefer the firm to staff (junior reviewers, senior reviewers, attorney reviewers) and what associate-to-partner ratio do you want capped? Options: Solely firm staff, Mixed in-house and firm, You will provide reviewers
• What privilege log fields and turnaround time do you require for logged documents (for example bates range, author, recipients, privilege basis) as evidence of a compliant log? Options: Standard fields with 10 business day turnaround, Standard fields with 20 business day turnaround, Custom - specify
• Do you want predictive coding or technology-assisted review applied to reduce review volume and, if so, on which custodial subsets? Options: Apply TAR to email only, Apply TAR to all ESI, Do not use TAR
• Who will own final privilege determinations and production sign-off for responsive sets?
• Describe any carve-outs or categories you consider out of scope for review (e.g., HR personnel files, attorney-client privileged matter folders).

Take and Defend Depositions

• How many depositions do you anticipate needing in the fact discovery phase and what proportion are corporate witness vs. third party? Options: 1-5 (mostly corporate), 6-15 (mixed), 16+ (extensive)
• Who should be the in-house witness coordinator for scheduling and availability windows for depositions?
• When do you expect to begin depositions relative to initial productions (for example within 30 days of first production)? Options: Within 30 days, 30-90 days, After substantial discovery complete
• Do you require remote deposition capabilities, local court reporter coordination, and real-time transcript delivery? Options: Remote + real-time transcript, In-person only, Either as needed
• Specify any limits on deposition length or sequencing you want proposed in meet-and-confer (for example 1 day per witness, 7-hour cap). Options: Standard 7-hour day, Custom hours - specify, No limit requested now
• Describe the topics or exhibits you consider essential for early depositions to preserve testimony.

Retain and Manage Expert Witnesses

• Which disciplines of experts will the case likely require (for example damages economics, forensic accounting, industry standard expert, technical forensics)? Options: Damages/economics, Forensic accounting, Industry standard, Technical/IT forensics, Other
• How many expert reports do you anticipate under Federal Rule of Civil Procedure 26(a)(2) or your applicable state rule for initial and rebuttal reports? Options: None, 1-2, 3-5, 6+
• When do you need an initial expert budget and schedule to decide whether to retain retained testifying experts vs. consulting only? Options: Within 7 days, Within 14 days, After early case assessment
• Who on your side is authorized to approve expert engagement letters and budget caps for expert work?
• Describe any required qualifications or prior testimony standards you require for retained experts in this jurisdiction (for example prior Daubert challenges, local court acceptance).
• Do you require us to manage expert discovery logistics (records collection for experts, deposition scheduling, joint stipulations) or will you handle portions? Options: We handle records, Firm handles records, Split responsibilities

Draft and Argue Pretrial and Dispositive Motions

• Which dispositive motions are you likely to prioritize (motion to dismiss, summary judgment, 12(b)(6) state analogs)? Options: Motion to dismiss / demurrer, Summary judgment, Anti-suit/abstention, Other
• How soon do you want a motion strategy memo that assesses the timing and likelihood of success for summary judgment under the governing law? Options: Within 7 days, Within 14 days, After discovery
• Who will provide factual declarations, exhibits, or authentication evidence needed to support dispositive motions?
• Do you require we propose an in-court oral argument plan and designate the attorney who will present dispositive motion hearings? Options: Yes, include oral argument plan, No, written only, Discuss as needed
• Describe any local rule constraints or page-limits for motions in the controlling court that we must adhere to.
• Are you open to staged dispositive briefing tied to phased discovery (for example motion after early targeted discovery)? Options: Yes, staged briefing, No, prefer full discovery first, Need advice

Lead Trial Representation to Verdict

• How many trial days do you reasonably expect the case could run and what venue-specific trial day limits apply? Options: 1-3 days, 4-7 days, 8+ days, Unknown
• Who must be present from your organization for critical trial days and witness testimony to preserve corporate foundation?
• Do you require a capped associate-to-partner ratio and committed lead trial partner availability through verdict? Options: Yes, capped ratio required, No cap required, Need to negotiate cap
• When should we prepare a trial playbook including voir dire themes, opening/closing outlines, and exhibit foundation plan? Options: Prior to motions hearing, 60 days before trial, 30 days before trial
• Describe any corporate witness travel constraints or blackout dates that will impact trial scheduling.
• Are there settlement-floor parameters or board-level approval thresholds we must respect during trial strategy discussions? Options: Yes, provide threshold, No floor, Need to establish

Negotiate Settlements and Lead Mediations

• Which decision-makers must approve settlement authority and at what monetary thresholds (for example GC approval above $X)?
• When would you prefer an early mediation versus mediation after fact discovery and expert reports? Options: Early mediation (within 60 days), After fact discovery, After expert reports
• Do you require pre-mediation submission formats such as confidential position statements, joint exhibits, or mediator-focused demonstratives? Options: Confidential statement + exhibits, Joint exhibit list only, No pre-submission
• Who will be your negotiation lead and who has final settlement signatory authority?
• Describe settlement structures you consider acceptable (lump-sum payment, structured payments, injunctive terms, confidentiality clauses).
• Are there regulatory or compliance approvals required post-settlement that could affect timing (for example antitrust filings, regulatory consents)? Options: Yes, regulatory approvals needed, No approvals needed, Unsure

Manage Discovery Vendors and Cost Controls

• Which discovery vendor categories do you want us to manage (for example e-discovery platform, court reporting, forensics, translation)? Options: E-discovery platform, Court reporting, Forensics, Translation services, Other
• How much of the vendor budget do you want subject to pre-approval thresholds (for example any single vendor spend above $5,000 requires approval)? Options: All vendor spend pre-approved, Only spends above a threshold, No pre-approval
• Do you prefer a fixed-fee estimate for discrete vendor-managed phases (processing, review platform license) versus time-and-material invoicing? Options: Fixed-fee for phases, Time-and-materials, Hybrid
• Who on your team will handle vendor invoicing disputes and who approves vendor scope changes?
• Describe any procurement rules, master services agreements, or preferred-vendor lists that limit our vendor choices.
• Are you open to alternative cost controls such as staged review budgets, negotiated per-gig processing caps, or reduced review scope via TAR? Options: Staged budgets, Per-gig caps, Use TAR to reduce scope, No alternatives

• Master Services Agreement (MSA)
• Statement of Work (SOW)
• Retainer & Payment Agreement
• Billing & Budget Plan
• Authorized Signatory Confirmation
• Operational Handoff & Onboarding Plan
• ESI & Data Access Addendum
• Insurance & Indemnity Schedule
• Conflict Waiver (conditional)

• Post-resolution Health Check (weeks 1-4)
• First Measurement Review (weeks 4-10)
• Acceptance Gate Review (around day 90)
• Ongoing Post-resolution Review (quarterly)

• Update the shared follow-up channel contact list and confirm the expected response SLA for new post-resolution issues.
• A formal acceptance decision is documented, or a remediation plan with concrete deliverables and verification steps is agreed.
• Where remediation is required, a verification timeline and evidence checklist are established to close the acceptance loop.
• Publish the formal acceptance decision and archive the acceptance evidence package in the shared case record.
• If acceptance is conditional, produce a remediation plan listing tasks, deliverables, evidence required, and target closure dates.
• Schedule verification checkpoints to validate remediation completion before final acceptance is recorded.
• Status of post-trial compliance milestones
• Post-trial compliance milestones are tracked with percent-complete status and at-risk items identified for action.
• Open post-trial tasks are reduced or have specific remediation plans with target dates.
• Lessons learned are captured and prioritized for playbook updates to improve future matter execution.
• Publish the quarterly post-trial compliance dashboard showing percent-complete by milestone and open task counts.
• Create a prioritized lessons-learned summary with recommended updates to the matter playbook and a timeline for implementation.
• Confirm documented outcome
• The final resolution packet is confirmed and stored in the shared archive with access verified.
• All immediate post-trial tasks are cataloged with preliminary due dates and accountable roles identified.
• All critical blockers that would impede next-steps are documented with remediation actions and target dates.
• Publish the final resolution packet and index to the shared channel for stakeholder reference.
• Create a post-trial task register that lists each task, preliminary due date, and the accountable role for closure tracking.
• Open remediation tickets for any access or vendor issues preventing task execution and mark their priority and target resolution dates.
• Present financial and task-status data
• Current spend is reconciled to the budget constraint and variances are explained with documented causes.
• Open post-trial task count is validated and high-impact tasks have agreed remediation actions and dates.
• A clear timeline to the acceptance gate around day 90 is established with deliverables and expected evidence.
• Produce and circulate a variance report comparing total litigation spend to the budget constraint recorded in Matter Intake & Outcome Discovery.
• Publish an updated post-trial task register with prioritized remediation actions and target completion dates.
• Schedule the day-90 acceptance gate meeting and attach the evidence package required for the acceptance decision.
• Each acceptance criterion from Matter Intake & Outcome Discovery is evaluated and recorded as pass or fail.
• Restate acceptance criteria and numeric targets
• Activate shared follow-up channel and archive
• Present outcome data against each criterion
• Open task burn-down and aging review
• Diagnose variances and root causes
• Agree corrective actions and timeline to acceptance gate
• Surface immediate post-trial tasks
• Document pass or fail per criterion and decision
• Lessons learned and process updates
• Confirm ongoing communication protocol
• Confirm ongoing support channel and escalation paths
• If conditional, agree remediation plan and verification steps
• Identify blockers and quick remediations