Assuming a case cannot be cleanly won on a motion to the Court, Righi Fitch Law Group's litigation model seeks to apply significant pressure on the opposing party by evaluating the case early and attempting settlement before performing formal discovery to set up fee shifting. Righi Fitch Law Group is typically able to complete early case evaluations after initial visual inspections and some interaction with its consultants if the case warrants expert analysis. For example, in a typical construction defect case, Righi Fitch Law Group makes use of a market bid to help establish the cost of repair for problematic assemblies. Normally before the first mediation, Righi Fitch Law Group has a comprehensive evaluation of the case value and is able to recommend authority to the client and insurance carrier to make a formal offer. Plaintiffs do not typically expect a meaningful offer so early in a case. If the number is accepted, the case is resolved at a good value before the significant expense of litigation. If the other side does not accept the offer, attorneys fees and costs can be leveraged if the offer number is beaten at trial.
Righi Fitch Law Group's innovative litigation model is illustrated in its recent representation of a national homebuilder, which was sued for construction defects in 42 homes. The plaintiff alleged that the concrete foundations and flatwork were being eroded by sulfate (salt) attack.
As they normally do, the attorneys at Righi Fitch Law Group negotiated an Arbitration Agreement with the plaintiff that also acted as a Case Management Order. The Agreement contemplated a one-year process and streamlined discovery.
After some preliminary investigation an original offer made was for $320,000.00. That offer was rejected by plaintiff. The entire case ultimately settled for $240,000.00, or $5,714.00 per home. This is the lowest settlement of similar cases in Arizona to date, and it was achieved before a single deposition was taken. The entire proceeding took less than a year. A look at the numbers underscores the savings:
|Typical Litigation Budget||$847,500|
|Total Litigation Costs Incurred||$109,958|
|Total Litigation Cost Savings||$737,542|
|Homeowners' Cost of Repair||$615,100|
|Homeowners' Initial Demand||$880,000|
|RLG's Initial Offer, which was Rejected||$320,000|
|Total Savings from RLG's Initial Offer||$80,000|