Tag Archives: litigation costs

How has a slowed deposition process affected claims?

As the number of coronavirus cases continues to increase and many states walk back prior reopening activity, liability attorneys are among those adapting to social distancing over an extended time period. While attorneys have done much to move claims forward during the pandemic, many claims remain stalled as attorneys often cannot, or choose not to, continue depositions under stay-at-home orders.

This review of a Milliman database of defense attorney invoices suggests that, in general, delays in the deposition process are beginning to abate. Defense attorneys have gradually become comfortable with virtual depositions, and this analysis indicates they are soon likely to proceed with depositions over virtual platforms that are lengthier and more complex than the virtual depositions conducted to date.

Milliman’s Susan Forray, Chad Karls, and Joe Mawhinney discuss how the deposition process is affecting claims in their paper “Change of plans.”

How did COVID-19 affect attorney fees?

With many states remaining under stay-at-home advisement, liability attorneys have delayed various in-person actions, including depositions. A review of a Milliman database of defense attorney invoices allows this delay to be quantified.

For example, attorneys attended 80% fewer depositions in the second half of March, contributing to an overall reduction in attorney fees of 6% to 7% for the month. By the end of April, however, attorneys had become more comfortable with virtual depositions, allowing them to attend 20% more depositions.

To read more about how depositions were affected by the COVID-19 pandemic, read this article by Milliman’s Susan Forray, Chad Karls, and Joseph Mawhinney.