Litigation Consulting

Whether at the precipice of litigation or mired in a lengthy battle, get independent strategy advice and some sober second thought.

What We Offer

Litigation rarely unfolds as it does in the textbooks. Files grow large, and the parties involved multiply — co-defendants, third parties, insurers, regulators, and experts retained by both sides. Some matters proceed to trial; many more resolve through mediation or settlement well before that stage. Some involve significant claims requiring a sustained litigation strategy; others are smaller in value but carry outsized personal or reputational significance for the client.

We have worked across this full range — large, document-intensive matters involving multiple parties and extended procedural histories, as well as smaller, fast-moving disputes where the stakes, while modest in dollar terms, remain significant to those involved. I have prepared matters for trial, and I have prepared others to resolve well short of one. This breadth is deliberate: when a matter is brought to me, it is rarely the first time I have encountered a similar fact pattern, and the analysis I provide is grounded in that experience rather than in theory alone.

Litigation decisions are difficult to make from within the file itself. A party may be too close to the matter, too invested in recent developments, or simply unfamiliar with the process to identify the right questions. What is useful at that stage is not additional advocacy, but an independent assessment from someone with no stake in the outcome beyond the accuracy of the analysis.

While we welcome consultation regarding any area of civil litigation, we have specific and extensive experience in public law (actions with/against government entities), an area that is often fraught with technical and regulatory hurdles.

Our Process

Scope the Review

The engagement begins with a consultation to understand the issue: the background, the parties involved, the procedural history to date, and the client's objectives. This fixed-fee consultation is credited in full toward the engagement fee should the matter proceed.

Document Review and Research

Using clear guidance from Talus Law, you will provide all relevant documentation for review. We will conduct our own research based on that documentation and the scoping meeting.

Comprehensive advice

Delivery of a written memorandum setting out your position, an assessment of its strengths and weaknesses, and clear, practical recommendations.

Debrief

The process concludes with a debrief meeting to review the advice memo and allow for any follow-up questions. Further work may be discussed at this stage.

Clients are seeking advice on…

  • "We have received a settlement offer — is it a good one?"

    An assessment of the offer against the likely range of outcomes if the matter were to proceed, providing an informed basis for negotiation or acceptance.

  • "What is this going to cost?"

    A staged budget forecast setting out the anticipated cost of proceeding to trial, to mediation, or to an earlier resolution, to support financial planning and decision-making.

  • "Our litigation counsel has advised X, is that a good idea?"

    An independent review of the strategy or advice currently being provided by counsel of record.

  • "We are preparing for mediation, how should we approach it?"

    Strategic preparation for a settlement conference or mediation, including a realistic assessment of likely outcomes and a negotiation strategy.

  • "We have just been sued/we have been wronged, is it worth fighting?"

    An initial analysis of cost/benefit of advancing or defending a claim in the court system and evaluation of alternative options.

Fees

This engagement is offered on a flat-fee basis rather than hourly billing, providing certainty as to cost before the engagement begins and ensuring that the focus remains on the quality of the analysis.

The specific fee is confirmed following the scoping consultation, once the scope of the matter has been assessed.