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Wilson Elser Study on Litigation Management Practices Finds Strong Support for Strategic Use of Virtual Litigation Activities Post-Pandemic

NEW YORK (November 8, 2021) – National law firm Wilson Elser today announced that a study it commissioned on the impact of COVID-19 on litigation management practices found that 80% of participants indicated organizations have “seen sufficient benefit from virtual activities” in order to continue them post-COVID-19 and are looking to include them in their guidelines going forward.

“Wilson Elser lawyers have had considerable experience with virtual litigation over the past 18 months and have seen firsthand how interviews, meetings, depositions, mediations and even trials can be accomplished virtually in an efficient and productive manner,” says Mathew Ross, a partner at Wilson Elser. “The key, of course, is to recognize that one size does not fit all, and that we need to be strategic in making recommendations to our clients on which case types and activities are best suited for virtual litigation.”

Wilson Elser is the Commissioning Sponsor of the Wilson Elser Study, “The Impact of the COVID-19 Pandemic on Litigation Management Practices,” which was conducted in August and September 2021 by Suite 200 Solutions. It surveyed 112 participants working in claims management at insurance carriers in the United States. Read the full study results here.

“Many in our industry saw the adoption of virtual litigation management practices accelerate rapidly during the pandemic,” says Taylor Smith, President of Suite 200 Solutions. “This study explored how property and casualty claims and litigation leaders perceive those changes. Are these changes here to stay?”

Wilson Elser will host a one-hour webinar on Wednesday, November 10, 2021, at 1:00 p.m. ET to discuss the Study findings. Register here.

Key Findings

Virtual activities adopted during the pandemic are here to stay. Participants found that the pandemic forced them to accept new virtual practices that proved to be more effective and efficient than in-person activities; consequently these activities will be adopted as standard practices.

Claims organizations and clients will be more directive to counsel in the future regarding which activities should be virtual. A full 80% of participants indicated that organizations have “seen sufficient benefit from virtual activities to want to be more directive.”

Virtual strategy meetings, settlement conferences and mediations are the top three litigation activities most identified as a “default” way of conducting the activity. The preference for virtual strategy meetings as a default was overwhelming at 79%; more than half (55%) identified virtual settlement conferences as a default medium.

Participants describe the primary benefits of virtual litigation management activity as cost-related, and less about cycle-time or work-product improvements. The cost reduction benefits of virtual litigation activities received an average score of 80 out of 100 (median score of 85). This was a higher ranking than the benefit of reducing cycle time (average score of 70, median score of 75), and much higher than the benefit of having a shared and better work product (score of 62 out of 100).

Law firms that can describe their technologies and processes for operating in a virtual environment will be well received. Firms will benefit from being able to describe in detail their processes for “virtualizing” various areas of their practice, with a description of the technologies they use to support virtual and remote activities.

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About Wilson Elser
More than 800 attorneys strong, Wilson Elser serves clients of all sizes, across multiple industries and around the world. Wilson Elser has 41 strategically located offices in the United States and another in London. It is a founding member of Legalign Global, a close alliance of some of the world’s leading insurance law firms created to assist companies doing business internationally. This depth and scale make Wilson Elser one of the nation’s most influential law firms, ranked 103 in the AmLaw 200 and 53 in The National Law Journal’s NLJ 500. For more information go to www.wilsonelser.com.

About Suite 200 Solutions
Suite 200 Solutions offers advisory services to the property and casualty claims and litigation management industries. Suite 200 provides generalized consulting and market intelligence services to claims organizations, law firms, and the service and technology providers that serve both of those constituencies. Through its Transaction Advisory Group, the Company also provides critical support to investors, buyers, and sellers in this industry segment. For more information, go to www.suite200solutions.com.

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