Format for Defense Counsel Evaluation. The Defense Counsel Evaluation is designed to give the reader the best and most up-to-date information on a litigated claim prior to any voluntary or mandatory settlement conference, mediation, or arbitration. This report must be distributed 72 hours in advance of any meeting where settlement authority will be requested. In cases where there is no scheduled event providing an opportunity for a Defense Counsel Evaluation, the report must be delivered to the District no later than 30 days before the scheduled trial date, or in any event, promptly upon request by the General Counsel or Case Monitor. The Evaluation should include information on each of the following: • Summary of Facts – Provide a summary of facts pertinent to your evaluation. • Plaintiffs – Identify each plaintiff and list the causes of action asserted by each plaintiff. Describe the witness potential of each plaintiff, including your opinion and the results of any jury research as to how the witness will be viewed by the jury. • District Defendants – Identify all District defendants and list the causes of action against each. Briefly describe the substance of his/her anticipated testimony and offer your opinion and the results of any jury research as to how the witness will be viewed by the jury. • Actual or potential co-defendants and cross-defendants – Identify each named non- District co-defendant and list the causes of action asserted by each plaintiff against each co-defendant. • Liability – Provide a thorough discussion of the plaintiff’s theories and the District’s defenses. The analysis should also discuss affirmative defenses, statutes of limitations, mitigation, or governmental immunities to be raised through summary judgment and/or trial. Indicate if an opinion should be solicited from appellate counsel and articulate a reasonable prediction of which party(ies) are likely to prevail at trial. • Damages – Provide a full discussion of the amount and type of damages claimed and an analysis of whether these damages are appropriate. Include all information you have regarding the total amount of damages. Where there is a claim for lost earnings or lost earning capacity, or where damages are tied to the lifespan of one or more plaintiffs, please include appropriate dates of birth, life and work-life expectancies, and the source of this information. Where appropriate, include an analysis of mitigation and offset issues. • Attorneys’ fees – In cases involving claims authorizing attorneys’ ...
