We will be here when you need us the most. We have successfully been meeting and taking care of you, our clients, business and personal legal needs for over twenty years.  Our commitment to you is we will be here when you need us the most.

Be confident in your future.  With McCrosson & Associates, P.C. you will receive the highest and best possible, legal advice and attention.

An efficient and strategically sound legal approach to the client issue coupled with sound litigation management, when needed, is the responsibility of each lawyer assigned to every client matter. Each client assignment is unique and each matter is treated with confidence, trust and skill to meet the client’s needs.

Below is our case management philosophy.  If you have any questions please feel free to contact us at any time.

Firm Litigation Management Guidelines
I. Philosophy 
 
McCrosson & Associates, P.C. expects to work with its clients to achieve the best result for the client in an efficient and cost-conscious manner consistent with the law firm’s ethical obligations. Nothing contained herein is intended to nor shall restrict counsel’s exercise of independent professional judgment in rendering legal services for the Client. 
 
II. Case Development 
 
An effective and strategically sound legal defense and litigation management plan is the responsibility of Counsel and Client and should be developed in a timely manner.

 
III. Staffing Philosophy 
 
McCrosson & Associates will designate one (1) attorney to have primary responsibility for each case on which services are requested. The case should be staffed economically and effectively. Obviously, a balance must be struck between the efficiency a more experienced lawyer brings to a given task and the advantages of having the task performed by a junior lawyer or a paralegal. Duplication of effort within the firm will be avoided . To achieve the best efficiency and value, the roles and responsibilities of staff members will be clearly defined and appropriate to each individual’s qualifications, level of experience and billing rate. Firm attorneys will delegate work to subordinates where ever possible to achieve efficiency and cost-effectiveness without compromising quality. 
 
IV. Reporting Requirements

Reports – Unless otherwise requested by the client, reporting is recommended for three events: acknowledgment, initial evaluation and significant developments.

Acknowledgement – Upon receipt of a new case assignment, the firm will send an acknowledgment letter regarding receipt of the file and designating the attorney assigned to the case. Any matters of immediate concern or information that may result in early resolution of the case should be addressed in the acknowledgment letter.

Initial Report – Approximately 45 days from receipt of the assignment, counsel will send an initial report with the following information:

A summary of the allegations in the complaint, the factual basis for the litigation, a summary of the information developed during the preliminary investigation and a preliminary evaluation of liability and damages.

A litigation plan providing the following:

• Identify each significant activity counsel proposes to initiate.(e.g., investigation, motion, discovery, legal research, etc.)
• Identify discovery and motions that have been or are likely to be initiated by other parties.
• Estimate the completion date for each activity.
• State the estimated expenses for each activity
• Discussion of the potential for early disposition of the case by settlement, and recommendations with respect to arbitration, mediation or direct settlement negotiations.
• Discussion of the potential success of dispositive motions prior to, or after, the commencement of discovery and when motions to dismiss or for summary judgment are appropriate.

An estimate of the probable trial date.
Significant Development Report -- Counsel will communicate and apprise the client of significant developments as soon as practical. This will include reports on the summaries of depositions, pretrial reports and if applicable:

• Settlement options and/or dispositive motions .
• Updated evaluation of the client’s liability and damages.
• An updated litigation plan.
• Trial Report - If it is anticipated the case will proceed to trial, a detailed report will be submitted to the client at least 45 days prior to the scheduled trial, detailing the issues and an analysis of same and any other information requested by Insurer.

Documentation -- Reporting shall not include copies of the following documents unless specifically requested:

• research memorandum, motion papers and legal briefs
• deposition transcripts
• expert reports
• medical reports.

Consultation -- After submission of the initial report, counsel will welcome discussion with and input and comment from the Client. Counsel and Client will endeavor to agree on the proposed activities outlined in the litigation plan. However, in the event of disagreement, the final decision will remain the independent professional judgment of counsel.

Counsel will provide copies of all pleadings and amended pleadings filed by or against the party whom you are defending and releases and orders of dismissal for final judgments. Counsel will consult with Client on the appropriate means of communication whether by e-mail, fax or regular mail to avoid duplication. 
Counsel will comply with all reasonable requests for information and documents; however, any documents or information that are privileged shall not be disclosed, absent express consent and acknowledgement of the risks of disclosure . 
 
V. Billing

A. Billing Procedure

Frequency of Billing – Bills will be submitted monthly, unless the total amount of unbilled legal fees and expenses exceeds $5,000.00, or it is the final bill for services on the matter. The firm will submit bills in excess of $5,000.00 at the time this threshold is met, and final invoices at the conclusion of the firm’s services.

B. Charges for Service

• Time Changes – Charges for services by attorneys and paralegals will be recorded daily based upon their actual time in one-tenth hour increments.
• Single Entry Timekeeping – The time for each activity may be separately stated. Grouping multiple activities under a single time charge greater than one-tenth of an hour (“block billing”) may occur on periodic billings.
• Information Descriptions of Services – Descriptions of services will inform of the nature, purpose or subject of the work performed and the specific activity or project to which it relates.
• Compensation – Counsel will advise Clients regarding any increase in the rate of compensation.
• In-Firm Conferences – Where counsel consults with another attorney in the firm to obtain specific advice or counsel on substantive or procedural aspects of the case that result in a more effective defense, said reasonable and necessary conference time will be reimbursed, provided that sufficient detail of the subject of the communication is set forth to demonstrate its relevance and value.
• Multiple Attendance – Counsel will consult with Client where it is anticipated that more than one attorney’s attendance is necessary at trial, court appearances, meetings, depositions, witness interviews, inspections and other functions.
• Depositions – Counsel will consult with the Client before initiating and attending depositions other than that of the opposing party, the opposing party’s chief witnesses and experts, and other depositions already approved in the initial litigation plan or supplement thereto.
• Legal Research – Counsel will undertake legal research as required for the case. Client will be liable for the cost of such research. Copies of all research memoranda shall be provided to Client upon request.
• Motions – Counsel will consult with client before filing any dispositive motions not previously identified and approved in the initial litigation plan or supplement thereto.

C. Disbursement

• Internal Expenses – Client shall advise counsel of its guidelines, if any, as to reimbursements of internal expenses.
• External Expenses – Charges for service by outside vendors will be reimbursed at their actual cost. Expenses of over $500.00 may be forwarded to Client for immediate payment. Disbursements will be itemized on the law firm’s statement with the following information, unless back-up documentation is provided: (a) the name of the vendor; (b) the date incurred; and (c) a specific description of the expense. Where back-up documentation is provided, the law firm statement need only set forth a description of the expense and amount incurred.
• Travel Expenses – Counsel will consult with client prior to incurring travel expenses. All expenditures of $25.00 or more will be supported with receipts attached to the law firm’s statement.
• Professional Services – Counsel will consult with Client prior to incurring expenses for experts, consultants, investigators, temporary attorneys or outside paralegals, or other professional services.
• Secretarial and clerical activities – Secretarial and clerical work is not billable to Client. As examples and not as a complete list, secretarial and clerical work includes receipt and distribution of mail, new file set-up, maintenance of office and attorney calendars, transcribing, copying, posting, faxing, e-mailing, inserting documents into and retrieving documents from the file, maintaining order in the file, stamping documents, tabbing sub files and assembling materials.

  VI. Bill and File Review  
 
Firm acknowledges that Client reserves the right to review all charges for services and disbursements pertaining to litigation, including without limitation all charges paid by Client with respect to any litigation. Client may request the right to conduct on-site review of the defense file and/or defense bills, consistent with the attorney’s ethical obligations, and in a manner that will not compromise the attorney-client or work product protection accorded material in the file or communications by and between counsel, the customer and Insurer. The firm agrees to comply with all reasonable requests for information and documents, provided that such documents or information are not privileged. Client agrees to pay the bills received from the firm.


McCROSSON & ASSOCIATES, P.C.
Firm Litigation Policies and Practices
Updated: September, 2007