Litigation stewardship is independent, client-side oversight of significant litigation.
Companies that regularly face significant litigation typically devote substantial resources to managing those matters from the client side. They may retain highly capable outside counsel, but they also rely on experienced in-house litigators to evaluate strategy and recommendations, oversee counsel and resources, and help management make important litigation decisions.
Not every organization has that capability. Some do not litigate frequently enough to justify dedicated in-house litigation resources. Others have sophisticated legal departments whose expertise lies principally outside complex litigation, or whose existing personnel lack the bandwidth a particularly significant dispute may require.
Litigation stewardship makes experienced litigation-management capability available on a matter-specific basis. A litigation steward works alongside management and outside counsel, bringing experienced litigation judgment to the client side of the dispute and helping the organization evaluate options, navigate important decisions, and manage cost, risk, and complexity over the life of the matter.
What Does Litigation Stewardship Involve?
Effective litigation stewardship begins with developing a thorough understanding of the dispute and of the client’s objectives, priorities, and concerns. With that foundation, the steward can serve as an informed client-side participant throughout the matter, helping management evaluate outside counsel’s recommendations, make significant litigation decisions, and ensure that strategy and resources remain aligned with the client’s objectives.
Depending on the matter and the organization’s existing resources, the role may include counsel and expert selection, strategy and litigation planning, oversight of budgets and staffing, assessment of significant developments and decisions, management and stakeholder reporting, and evaluation of opportunities for resolution.
Mishkin Litigation
Mishkin Litigation was founded to provide the client-side litigation-management capability described above. Paul Mishkin, a former Davis Polk litigation partner, brings more than two decades of experience handling significant commercial disputes and advising clients on litigation strategy and decision-making. Mishkin Litigation brings that experience to the client side, working alongside management, in-house legal teams, and outside counsel.
Understanding Client-Side Litigation Management
Litigation stewardship is one approach to providing a broader client-side litigation-management capability. The resources below examine that function and the principal ways organizations provide it.
Why significant litigation requires informed judgment and oversight on the client side, even when capable outside counsel is handling the matter.
How organizations provide litigation-management capability through dedicated in-house resources, existing legal and management personnel, and external litigation stewardship.