Neutral Case Evaluation
Bob Jones provides Neutral Case Evaluation services in the area of Wage and Hour law in California. This involves all contemplated and ongoing actions in the State and Federal courts and before all state and local administrative enforcement agencies. Bob's services in this area are available to counsel for plaintiffs and defendants.
Neutral case evaluation provides attorneys and their clients the ability to obtain a confidential oral or written evaluation of the strengths and weaknesses of their litigation position from a neutral having respected credentials in the areas of law presented in the case.
All experienced civil litigation counsel are aware of how they must remain vigilant in not becoming so directly invested in their cases that they tend to be overconfident in their assessment of the chances of success. To do so often results in a failure to see the weaknesses that may need to be overcome in being successful in their prosecution or defense of the legal and factual issues presented. Neutral case evaluation by an outside counsel with extensive experience in the litigation of the relevant claims, may be of great value in helping counsel focus on often overlooked potential problems.
A confidential objective review and candid advice by a neutral evaluator, who has no direct interest in the claims or parties involved, may be of great assistance to counsel at almost every stage of the litigation, including before a complaint is prepared and filed. It can also be of assistance to defense counsel in determining the best course of action to take in responding to any pre-complaint demands, preparing affirmative defenses, and considering the prosecution of possible cross-complaints or counter-claims. Other stages at which such review and advice is often of value is in formulating discovery, reviewing witness deposition transcripts, interviewing potential favorable witnesses, determining a settlement strategy, assisting in preparing for and conducting mediation, and reviewing economic expert evaluations of damages and available civil and statutory penalties, in light of current rulings of state and federal court judges with the authority to often determine the amount of any such awards.
Neutral case evaluation can also be utilized in assisting counsel with managing the expectations of their clients throughout the litigation process. This may be done by providing an impartial third party neutral’s explanation of what may be reasonably expected from any motion practice, and as a final case outcome, based on the factual information developed, and current status of the controlling law.
All communications with counsel and the results of any evaluation may be made orally, or may be in written form directed to counsel. Counsel may further direct that oral reporting or discussion also involve participation by their client. All communications and reports are confidential and any notes or records prepared by Bob in the evaluation process will be turned over to counsel upon request at any point during, or at the conclusion of, the assignment.
Bob provides neutral case evaluation on an hourly basis at his regular hourly rate. The cost of such is, therefore, entirely dependent upon the type and amount of case evaluation counsel believes to be economically justified by the size and nature of their case. Such costs may also be controlled by counsel requesting evaluations and analysis on a periodic basis as the case proceeds. All evaluation activities will be entirely at the request of counsel who will be encouraged to specify the amount of time that may be devoted on a request-by-request basis.