ValoremNext Overview



ValoremNext is a sister-company to Valorem Law.  Its over-arching goal is  focused on preventive law -- helping companies save money and resources through a variety of services that fall under the ValoremNext umbrella. A universal focus of ValoremNext is preventing problems before they turn into lawsuits by identifying avoidable risk and implementing practical solutions. By being proactive with prevention, in-house legal teams, companies and law firms can devote time to creating value rather than always reacting to fires which just generate needless attorneys' fees . (Odd statement coming from attorneys, right?).

ValoremNext's preventive law Products & Services:

1.    Early Case Assessment - Most companies and lawyers are on autopilot when it comes to handling litigation. Often, months and months (and thousands and thousands of dollars) go by before anyone really asks the basic question -- "Should we be pursuing this case or defense?"  This is because most lawyers gravitate to uncovering every stone so they can have "complete knowledge" before recommending a course of action. Wrong approach. In certain jurisdictions, litigants will not have the luxury of spending months and years before resolving a matter, thanks to new Mandatory Initial Disclosure Pilot (MIDP) programs. In these jurisdictions and elsewhere having an effective and easily repeatable ECA program in place will be a huge differentiator.  ECA is a true game changer that is underutilized by most.

What is MIDP? The Northern District of Illinois and the District of Arizona are two federal courts that have recently implemented MIDP programs, and more federal courts will soon follow. The impact of the MIDP cannot be understated. Read here for more details about the mandatory obligations that all parties now face by having to comply with the MIDP rules in civil cases within the first 51 to 90 days of a case's existence. For companies suing or being sued in these jurisdictions, not having an ECA program in place will be a serious disadvantage. 

Whether the MIDP rules will impact you or not, if you are a plaintiff or defendant in any substantial litigation, having an ECA program iis imperative.  Early Case Assessment is the single best way to reel in unnecessary legal spend and to save your in-house lawyers and business people time better spent elsewhere. Valorem offers an Early Case Assessment program that consists of the following: 

  • rapid first level review of all collected documents for relevance and privilege;
  • the creation of the privilege log (required under the Mandatory Pilot Program);
  • analysis of key documents within a short time frame to determine strengths and weaknesses of the case;
  • interviews of up to 2 key internal or third-party (where available) witnesses;
  • a comprehensive litigation plan and an assessment of settlement value based on what the above-steps show; and
  • for MIDP cases, a supplement of the initial ECA based on the opposing party’s MIDP documents.

We design and implement comprehensive ECA programs that we guarantee will save money. Of course all of this is done on a fixed fee basis (there's that budget certainty again!). We work with your choice of IT vendors or our strategic partners to ensure value at every turn.  There is no obligation to use Valorem as your litigation counsel if we handle the ECA portion. This is, after all, the age of disaggregation. Time to start putting the processes in place to be more strategic and proactive about your litigation. An ECA program is the perfect place to start.

2.    Consulting on Alternative Fee Arrangements - now more than ever, law firms and companies are trying to move to AFAs for legal work, but navigating how to effectively put them into practice is difficult.  On a project or retainer basis, we use our 8 years of success with AFAs to help companies and law firms maximize their success with AFAs, including helping them craft or structure AFAs for certain matters or portfolios, advising about appropriate staffing and cost considerations, to training outside counsel on how to implement AFAs effectively. 

3     Designing Prevention Programs: We help companies "see around corners" by identifying areas within a company's business units and legal department where problems can be prevented and then developing a lean or robust prevention program with solutions that produce sustainable and discernable savings year over year

4.    Implementing After Action Assessment (A3) Programs:  A3s are the most under-utilized but cost-effective method for preventing repeat mistakes and continuously improving. ValoremNext designs "after-action" programs for companies using which may include using customized technology that is user-friendly and easy to implement. We also conduct A3 training and follow-up to ensure the program is working smoothly. 

5.    Creating Early Warning Systems:  It is very easy to create "early warning systems" that will raise red flags to the legal department or other areas of the company before a situation reaches a crisis.  Imagine if such systems were in place at Volkswagon or GM or Enron. ValoremNext partners with innovative technology companies to customize applicable early warning systems that can be tweaked and modified as necessary, and that will significantly reduce the likelihood of a substantial crisis. Here's where the old adage "an ounce of prevention is worth a pound of cure" comes in.  The amount of money it takes to build an early warning system is inconsequential given the amount of money it takes to remedy an issue that went unnoticed for too long.

6.     Analyzing Processes to Identify and Eliminate Waste: Legal Departments are busy and those in it can often only play fire-fighter in a reactive mode. ValoremNext is able to objectively look at routine and usually repeat processes (for example, the process set up to purchase or sell a routine commodity) and identify steps in the process that (a) add no value, (b) create risk and (c) lead to waste.  Using process mapping and other tools, we propose new, more efficient systems and identify the costs that will be saved year over year by implementing what is often rather simple modifications or solutions.

We'd love to talk in more detail about the capabilites of ValoremNext. The first consultation is free of charge. (See, we just saved you money and prevented more waste). Contact: nicole.auerbach@valoremnext.com or patrick.lamb@valoremnext.com to set something up.