What We Do

The current economic downturn puts new pressure on companies to reduce litigation expenses. At the same time, this downturn is giving rise to more litigation in many industries. In this difficult business climate, Rethink can help you get better litigation results at lower cost in the following ways:

Prelitigation Advice
When a dispute first arises Rethink can help you analyze the risks, costs and benefits of litigation. Where appropriate, Rethink can also help you negotiate an early and favorable resolution of the dispute without litigation.

Litigation Objectives and Strategy
When litigation is unavoidable, Rethink will help you establish realistic litigation objectives, and will work with your outside litigation counsel to develop an effective and cost-efficient strategy to accomplish those objectives. This includes consulting with counsel about eliminating costly and unproductive discovery and motion practice.

Second Opinions at Critical Junctures
Rethink is available at all stages of litigation to give you second opinions at critical junctures in the case -- including during mediation and at other times when settlement is under discussion.

Trial Consulting
Rethink will consult with your trial counsel to maximize your chances of an optimal result at trial. The principals of Rethink are highly successful trial attorneys who can make your outside counsel more effective at trial. We have particular experience in business jury trials involving claims for punitive damages.

Coordinating Multi-Jurisdiction Litigation
Rethink can help manage related litigation pending in multiple forums. We have experience coordinating multi-jurisdiction disputes for clients in the telecommunications, cable television and airline industries.

Helping Clients Handle Litigation Matters In House
Faced with the need to contain litigation expense, many companies are bringing more litigation matters in house. Rethink's litigators can partner with in-house counsel to assist you with these cases on an as-needed basis. This allows you to handle these matters at a fraction of the cost that would be charged by outside counsel without losing the experience and expertise that outside counsel offers.

Performance Benchmarks
If you are interested in exploring a performance-based fee arrangement with your outside counsel (for example, a reduced hourly rate plus a bonus for exceeding defined outcomes), Rethink can help you determine fair and reasonable performance benchmarks for outside counsel.

Providing Independent Counsel Regarding Conflicts
When conflicts arise outside counsel must obtain the client's informed written consent to counsel's continued representation. Rethink provides independent advice to the client as to the nature and ramifications of the conflict, whether the client should waive the conflict, and how the client can best protect its interests if it chooses to waive the conflict. Both the client and outside counsel can have confidence that Rethink's advice is objective, since Rethink has no interest in taking over the client's representation as counsel of record.

Except in unique circumstances, such as representing long term clients of the principals of Rethink, we do not appear as counsel of record in litigation matters.