It costs money for employees to find and organize documents that may be responsive to discovery requests; it costs to have employees prepare for depositions and be deposed; it costs to have inside lawyers manage litigation. Yet no one, as far as I know, has tried to quantify these and other indirect, internal costs of a company’s lawsuits. (Reputation shocks are even harder to tally.)
Has any reader made or seen an estimate of oblique, hidden litigation costs? Could they be as much as five percent of the overt, outside counsel payments? [See my post of today on event studies.]