Litigation Management

Article excerpt

Litigation Management, by Kevin M. Quinley (International Risk Management Institute, 1995).

In Litigation Management, author Kevin Quinley describes some proven ways of securing and using effective legal representation to reach organizational goals while keeping litigation costs under control. Quinley is Vice President of Risk Services for MEDMARC Insurance Co. and Hamilton Resources Corp. and writes extensively about claims, insurance, and risk management topics. The book's content reflects Quinley's wealth of practical knowledge and experience in litigation management, his affinity for lawyer jokes and humorous anecdotes, and his apparent belief that learning ought to be easy and fun.

Quinley's target audience includes adjusters, agents, brokers, claims consultants and managers of independent adjusting firms, in-house and corporate counsel, insurance company employees responsible for litigation management, and risk and insurance managers. Those involved in teaching professional education courses on litigation management to this audience may want to add the book to their library. Some of the anecdotes and case studies also may help liven up select undergraduate risk management and insurance (RMI) courses like RMI principles and liability risk management, particularly if course content is more applied than theoretical. Finally, if your college or university library is used by members of Quinley's target audience, consider adding this publication to the library's collection. Like other International Risk Management Institute, Inc. publications, Litigation Management is an excellent practical reference for professionals.

The book contains 12 chapters, a summary, and 11 appendices that correspond with select chapters. Each chapter serves a distinct purpose, with several chapters addressing common topics. All of the chapters aim to assist readers in building litigation management skills and to help them feel confident in applying them.

In the first chapter, Litigation Management: Art or Science? the author gives an overview of the book's subject, explains why it matters to members of his target audience, and describes how they will benefit by reading the book. Here, the author focuses on motivating readers to complete the book. In doing so, he uses humor, exhibits, a questionnaire, and other tools designed to make the material both more interesting and easier to understand. These sorts of teaching tools reappear in subsequent chapters, and in most cases add to the book's appeal.

In chapter 2, Quinley explains how to pick the best lawyers (he calls them legal eagles). He talks about factors important to choosing effective legal representation, such as size of the firm and whether the candidate law firm handles claims outside of the United States. He also tells which questions to ask when interviewing potential legal representatives (e.g., "Will associates or partners be handling my cases? Will I have a say in this?"), explains how to conduct reference checks (e.g., "Get three" references), and suggests which questions to ask when evaluating the effectiveness of current legal counsel (e.g., "Are they too gladiatorial? …