Common use of LITIGATED FILES Clause in Contracts

LITIGATED FILES. A. Defense litigation plan shall be in the file. B. Defense attorney’s initial evaluation and budget shall be completed and in the file within sixty (60) days of assignment. If the billed amount of attorney’s fees and costs exceeds seventy-five (75) percent of the total budget, then the defense attorney shall provide an updated budget. C. On litigated cases, defense counsel shall also include PRISM on their mailing lists for copies of correspondence, reports, evaluations, interrogatory summaries, deposition summaries and medical summaries. Actual deposition transcripts, interrogatories, their answers to interrogatories and interim ▇▇▇▇▇▇▇▇ are not required. Updated reports shall provide a summary of pertinent information based on the status of a case. Pertinent information includes, but is not limited to: • Identified experts – what their analysis has concluded, their credibility as a witness (both plaintiff and defense), and how their testimony will/will not influence the case potential. • Witness deposition summaries including an evaluation of their credibility as a witness and how their testimony will/will not influence the case potential. • A summary of relevant documents disclosed or obtained through discovery and an analysis of their impact on the case. • A summary of applicable case law and immunities. • Updated evaluation of damages including, but not limited to, billed and paid medical bills, estimated future medical expenses, past and future wage loss estimates, and general damage estimates. • Analysis of liability and potential settlement/verdict value as well as suggested next steps (MSJ, Demurrer, Mediation, etc.). D. The defense attorney shall make proper follow-up requests for investigation. E. There shall be timely recommendations from defense firms regarding expert retention, settlements, and trial preparation. F. Defense costs shall be controlled by the Member. Depositions, retention of experts, expert costs, and other defense costs shall be approved by the Member. G. Litigation outcome and total costs shall be documented. H. There shall be timely notification to relevant employees and other parties regarding pending litigation. No less than forty-five (45) days prior to trial, counsel shall provide a pre-trial report that discusses the following: 1. Case Summary • Plaintiff and any individual Defendants including counsel’s opinion as to how each will be viewed by a jury • List of claims • Summary of Facts • Expected percipient witness testimony • Expected Liability Expert Testimony • Critical Liability Issues • Summary of Special and General Damages including expected damage expert testimony • Summary of Punitive Damages and non-monetary relief requested (if applicable) • Attorneys’ fees and costs estimate for claims that involve the potential award of attorneys’ fees 2. Evaluation • Potential Verdict Value • Comparative Fault Analysis • Settlement Discussion summary • Probability of Defense Verdict Throughout trial, a daily trial status update shall be provided to PRISM by defense counsel, the Member, or the Third-Party Administrator. This can be informal, such as an email or voicemail advising of the day’s activities, impressions of witnesses, any impacting developments, and an update regarding the next day’s schedule. I. Appropriate Dismissal Motions shall be made for failure to meet the applicable Code of Civil Procedure statutes for timely serving, conducting discovery or bringing a complaint to trial.

LITIGATED FILES. A. Defense litigation plan shall be in the file. B. Defense attorney’s initial evaluation and budget shall be completed and in the file within sixty (60) days of assignment. If the billed amount of attorney’s fees and costs exceeds seventy-five (75) percent of the total budget, then the defense attorney shall provide an updated budget. C. On litigated cases, defense counsel shall also include PRISM on their mailing lists for copies of correspondence, reports, evaluations, interrogatory summaries, deposition summaries and medical summaries. Actual deposition transcripts, interrogatories, their answers to interrogatories and interim ▇▇▇▇▇▇▇▇ are not required. Updated reports shall provide a summary of pertinent information based on the status of a case. Pertinent information includes, but is not limited to: • Identified experts – what their analysis has concluded, their credibility as a witness (both plaintiff and defense), and how their testimony will/will not influence the case potential. • Witness deposition summaries including an evaluation of their credibility as a witness and how their testimony will/will not influence the case potential. • A summary of relevant documents disclosed or obtained through discovery and an analysis of their impact on the case. • A summary of applicable case law and immunities. • Updated evaluation of damages including, but not limited to, billed and paid medical bills, estimated future medical expenses, past and future wage loss estimates, and general damage estimates. • Analysis of liability and potential settlement/verdict value as well as suggested next steps (MSJ, DemurrerMotion to Dismiss, Mediation, etc.). D. The defense attorney shall make proper follow-up requests for investigation. E. There shall be timely recommendations from defense firms regarding expert retention, settlements, and trial preparation. F. Defense costs shall be controlled by the MemberParticipant. Depositions, retention of experts, expert costs, and other defense costs shall be approved by the MemberParticipant. G. Litigation outcome and total costs shall be documented. H. There shall be timely notification to relevant employees and other parties regarding pending litigation. No less than forty-five (45) days prior to trial, counsel shall provide a pre-pre- trial report that discusses the following: 1. Case Summary • Plaintiff and any individual Defendants including counsel’s opinion as to how each will be viewed by a jury • List of claims • Summary of Facts • Expected percipient witness testimony • Expected Liability Expert Testimony • Summary of Critical Liability Issues • Summary of Special and General Damages ▇▇▇▇▇▇▇ including expected damage expert testimony • Summary of Punitive Damages and non-monetary relief requested (if applicable) • Attorneys’ fees and costs estimate for claims that involve the potential award of attorneys’ fees 2. Evaluation • Potential Verdict Value • Comparative Fault Analysis • Settlement Discussion summary • Probability of Defense Verdict Throughout trial, a daily trial status update shall be provided to PRISM by defense counsel, the MemberParticipant, or the Third-Party Administrator. This can be informal, such as an email or voicemail advising of the day’s activities, impressions of witnesses, any impacting developments, and an update regarding the next day’s schedule. I. Appropriate Dismissal Motions shall be made for failure to meet the applicable Code of Civil Procedure jurisdictional statutes for timely servingserving a complaint, conducting discovery discovery, or bringing a complaint to trial.