Neutral Services
As a neutral, I also provide services to assist parties in the conduct of litigation through early neutral evaluation, consulting regarding case valuation and settlement, and by serving as a court appointed special master or party-selected discovery referee.
Neutral Evaluation and Consulting
Early Neutral Evaluation (ENE) can involve one, or all parties to a dispute. A formal ENE process involves all parties agreeing to the appointment of an evaluator, submission of information about their case in writing, in person, or both, and receipt of a formal evaluation of potential claims, defenses and damage prior to the filing of any legal action. The submissions, statements, and evaluation are not admissible in evidence in later proceedings.
Neutral evaluation can also be conducted for one party on a confidential basis. As 'shadow counsel', the neutral assists the party's counsel by offering a detached view of the case not colored by the ongoing relationship between counsel and their client. A neutral assessment provides trial counsel and the client with a reality check, a potential appreciation for risks and hazards, and in some instances suggestions for strengthening the case by clarifying claims and theories and sharpening the presentation.
Special Master and Discovery Referee
As a neutral, I am available for appointment or selection as a special master or discovery referee. A "special master" is a person, usually a lawyer, appointed by a court to carry out a specific task, compile information, conduct an investigation, or make rulings on behalf of the court in difficult and contentious discovery proceedings.
A discovery referee can by selected and appointed by the parties themselves to streamline the decision of complex and contentious discovery issues without the cost and time delay of submitting formal written discovery motions to a court. The discovery referree can help the parties identify their critical discovery disputes and resolve those disputes quickly in an informal, arbitration-like setting.
Fees and Expenses
Early neutral evaluation services are provided and billed on an hourly basis at $300 per hour plus any out of pocket expenses incurred. Formal ENE proceedings are billed in the same way, and with the same deposit and cancellation requirements, as arbitrations.