Pre-Litigation Counseling

Pre-litigation counseling is effective in cases presenting discrete, threshold, and outcome-determinative legal issues. Plaintiffs’ trial counsel benefit from learning before filing a complaint or undertaking expensive discovery whether there any legal minefields to be avoided. Likewise, defense trial counsel benefit from learning how the appellate courts have construed the causes of action at issueand their odds of a successful defense. And all trial lawyers are well-served by seeking pre-litigation counseling when the state of the law is unclear or the underlying legal issues concern foundational issues such as the existence of a contract, the existence of a legal duty, or the scope of recoverable damages.

Lara’s pre-litigation counseling experience includes:

  • Advising an employer on its potential liability when one of its supervisors committed a sexual assault. The case was notable because the assault was caught on videotape. The advice focused on whether the employer had a viable defense or whether the employer would be better served by promptly settling the case.
  • Advising a public entity whether it had sufficiently engaged in the disability “interactive process.” An important aspect of the advice analyzed the then-developing case law regarding the viability of a distinct cause of action for the failure to engage in the interactive process.

Lara can be reached at (310) 975-8513 or at LKrieger@LaraKriegerLaw.com.

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