The proper evaluation of a matter in dispute is key to its successful resolution. 40+ years of trial practice by Rudy Lachenmeier and Jay Enloe have made it abundantly clear the party who misevaluates the case is disappointed following arbitration or trial. And, that misevaluation can be very costly. Trial is expensive, especially when involving experts who command high expert fees. A plaintiff who incurs such an expense, and then does not recover damages at arbitration or trial, or who recovers far less than expected, can end up owing thousands or tens of thousands of dollars in “litigation costs” following arbitration or trial—not to mention owing costs to the successful party, which at times can include substantial awards of attorney fees. Defendants who misevaluate a case face the same risk, but in addition face the risk of owing far to the plaintiff more following trial than they expect to owe.
Having represented thousands of clients in civil litigation, and having taken hundreds of those clients to trial, Rudy Lachenmeier and Jay Enloe have a highly-developed ability to analyze a dispute and, once the facts are known and understood, to evaluate how jurors or arbitrators are likely to respond to the matter. This insight can be invaluable in providing clients with what they need to know to evaluate their position in settlement negotiations. It can also provide a client with guidance in knowing what else needs to be learned in discovery, or to be considered in its evaluation analysis, if immediate settlement is not an option.
In addition to handling thousands of cases on behalf of their clients, Rudy Lachenmeier and Jay Enloe have built a significant database of jury verdicts in personal injury cases drawn from cases tried in the Portland Tri-County area since about 1995. Currently, that database includes approximately 3,000 verdicts and continues to grow. That database can be drawn upon for detecting trends in jury verdicts as well as specific examples of jury verdicts in cases similar to the case under consideration. While all cases rise and fall on their own facts, and circumstances of the parties, knowledge of what jurors have done in other cases can be informative.
When retained for evaluation consultation, Rudy Lachenmeier and Jay Enloe are retained by one party and advise that party only. They are available to provide as little or as much evaluation assistance as requested, but the client must understand as an evaluation consultant Rudy Lachenmeier and Jay Enloe do not undertake representation of the client, for any purpose, and the client must continue to rely on its own attorney for legal representation. If asked to associate on a case, this changes and a separate engagement agreement is reached.