For over three decades, Marc B. Victor, Esq. has been retained by counsel hundreds of times to assist in determining settlement value and planning pretrial and trial strategy for some of the nation's largest cases — products liability, toxic waste, insurance coverage, breach of contract, foreign expropriation, patent infringement, antitrust, securities fraud, consumer fraud, corporate bankruptcy, employment discrimination and others. No one else commands Mr. Victor's breadth of experience or expertise in applying decision-tree analysis to lawsuits.

The Consulting Process

When retained by counsel, Mr. Victor begins each Litigation Risk AnalysisTM by meeting with the attorneys most familiar with the case:

Although the above steps are ones that trial counsel are accustomed to performing themselves, they typically keep track of everything either in their heads or by writing out long memos, and they typically express their judgments in such language as "some chance," "reasonably likely," "strong possibility," and so on. Unfortunately such approaches are inadequate for the critical final step performed by Mr. Victor:

High-stakes litigation demands the use of a rigorous, quantitative methodology to "put the pieces together'' — i.e., to integrate counsel's thinking about all of the many uncertainties involved in the case and to make sure that the client is given the most thorough and realistic evaluation of the risks they face — and in the clearest possible terms.

This is exactly what Mr. Victor's Litigation Risk Analysis methodology accomplishes.  It does so by combining:

The Work Product

Using TreeAge Pro™ Decision Tree software, Mr. Victor models the appropriate decision trees to capture counsel's identification of the key issues and their interrelationships, and counsel’s assessments of the probabilities of prevailing on each. In large cases with extensive quantitative data on the damages side (such as insurance coverage disputes), Mr. Victor links his decision-tree model to spreadsheet programs to capture the full complexity of the problem. He then "runs" these models to advise the client as to:

The results of Mr. Victor's analysis can be communicated by either an oral presentation (accompanied by diagrams describing both the inputs and the results) or a written presentation, or both.

To learn more about retaining Mr. Victor to assist in the analysis of your most important litigation, please call us at the number shown below.

Litigation Risk Analysis, Inc.
P. O. Box 1085   Kenwood, CA  95452
phone: (707) 833-1093    fax: (707) 833-0084

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