Use These Tips to Cut Defense Costs: Texas Lawyer

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Alan Bush is a routine a freelance contributor for Texas Lawyer.  His latest article, "Use These Tips to Cut Defense Costs," appeared in the January 20, 2014 issue.  Morgan Culbreth, an associate attorney with the firm, jumped aboard as co-author.

A reasonable hourly rate, of course, matters to controlling a defense spend.  But it goes a lot further.  Here's what Alan and Morgan had to say about it:

"No."  At the bargaining table, that's the most powerful word in the English language.  Although in-house counsel may desperately want to say "no" to a high settlement demand from an employee-turned-plaintiff, defense costs can force a company to settle for nuisance value.  Getting a handle on these costs can empower a company to do the right thing.

A solid dispute resolution system – whether it's an arbitration policy fortified with some key provisions or a plain old jury waiver – is key to taming even the most ferocious defense costs.  Enforcing a lean mentality among litigators is the final step in crafting a company's winning strategy...

Read the full article for more.  In it, Alan and Morgan lay out some practical thoughts on:

  • Streamlined arbitration procedures;
  • Arbitration class waivers which might make class and collective actions obsolete;
  • Jury waivers to secure a bench trial;
  • Lean HR defense principles.