Many businesses, particularly if the cost and aggravation of a case become large enough to sting, want more. This article presents key factors involved in estimating case costs, and discusses how these factors drive costs up or down in litigation of business disputes. What makes this question frustrating is that there can never be an exact answer, yet some basis for an estimate always exists. As is often the case in other aspects of business, the devil is in the details. Control over the other side can be quite limited, and control over the court is almost nonexistent.
Discovery can be expensive, time consuming, and difficult to control.
Looking at the legal and factual structure of a lawsuit, and at what discovery will likely be required, often gives a basis for a reasonably accurate estimate. Many hours of lawyer and client time, and a great deal of money, can be eaten up sending and responding to discovery. Apart from the trial itself, discovery is nearly always the single most expensive part of the case. It is necessary to understand the likely extent of discovery in order to understand what your case may cost. This often leads to more moderate demands and more generous offers.