All prompts4Check what came back
Strategy
Decide what this matter should cost and who does it
Phases the matter with a decision point at the end of each, assigns every task to the cheapest competent level, exposes the assumptions driving the number, and names the two or three decisions that control it.
Your prompt
2
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What to gather first
Watch for
What comes back
See an example of what you’ll get
*(After I answered: the client is buying predictability, the number goes to finance and has to survive a review, and this is the first of what should be several matters.)*
Phases
| Phase | What happens | The decision at the end | Hours by level | The assumption that moves it most |
|---|---|---|---|---|
| 1. Response and early assessment | Responsive pleading, early case assessment, payroll data pull | Fight, mediate early, or pick off the named plaintiffs | Partner 15 to 25; Associate 60 to 90; Paralegal 20; Client analyst 30 | Whether the payroll data is in one system. If it is in three, associate hours roughly double |
| 2. Pre-certification discovery | Written discovery, named-plaintiff depositions, data analysis | Whether to oppose certification on the merits or to move to a class-wide resolution | Partner 40 to 70; Associate 200 to 340; Paralegal 80; Vendor review; Client analyst 40 | Number of named plaintiffs deposed, and whether the class definition is amended |
| 3. Certification | Opposition, expert declaration, hearing | The only decision that matters: settle at the post-ruling number, or litigate a certified class | Partner 80 to 120; Associate 250 to 400; Expert | Whether an expert is needed on commonality. That single call is the difference between the low and high end of the whole phase |
| 4. Post-certification | Not estimated | Not applicable | Not estimated | See below |
Do not use a lawyer for these.
| Task | Who should do it |
|---|---|
| Payroll and timekeeping data extraction | The client's HR analyst. You have one; use them. This is the largest single saving available |
| First-pass document review | The review vendor, with an associate writing the protocol and sampling the output |
| Deposition scheduling, exhibit assembly, transcript indexing | Paralegal |
| Class-member contact data deduplication | Software, then the paralegal, then an associate spot-check |
| Building the damages model's data layer | The client's analyst under an associate's specification. A lawyer should read the output, not build the spreadsheet |
Assumption register
- Phase 1. Payroll in one system (if three, associate range moves from 60 to 90 up to roughly 120 to 170). No early motion practice. Client analyst is genuinely available; if they are not, those 30 hours land on your paralegal at best and your associate at worst.
- Phase 2. Two named plaintiffs deposed, not five. Other side is cooperative on ESI scope. No motion to compel.
- Phase 3. One expert declaration. This is the assumption that drives the widest range in the plan.
- Across all phases. The scheduling order lands roughly where this district usually puts it [CONFIRM - local rule and the judge's standing order; the entire phase structure sits on this and I cannot verify it].
The decisions that control the number. Three, and they matter more than every efficiency in this plan combined.
1. Whether you contest certification on the merits or work toward a class-wide resolution before the motion. Phase 3 is the largest phase and this decision either funds it or removes it.
2. Whether you retain an expert for certification. Nothing else in the plan has this range.
3. Whether the client's analyst does the data work. It is roughly 70 hours of work at the cheapest level in the plan or at one of the most expensive, and it is a client decision, not yours.
What cannot be estimated yet. Phase 4. Post-certification cost depends on a ruling that does not exist, and a number for it here would be invented. Say that to finance in those words; a plan that marks one phase as unestimable is more credible in a review than one that estimates everything. The two things that would make phase 4 estimable are the certification ruling and the class size as actually certified.
Stop-and-reassess triggers. A second suit filed anywhere on the same practice. An amendment adding a new claim type or a new state. The class definition expanding beyond the payroll population you can actually pull. A dispositive motion by either side. Any of these means rebuild, not adjust.
Assumptions this plan rests on. That the 900 putative class members are all in one state [verify: a multistate class changes phase 2 entirely]. That the client's analyst has authority to spend the hours [verify: this is the assumption most likely to quietly fail].
What your answers changed. That the client is buying predictability is why phase 4 is marked unestimable rather than given a wide range, and why the three controlling decisions are pulled out as client choices instead of sitting in the assumption register. A client buying an outcome gets the opposite treatment: the register stays internal and the plan optimises phase 3. That this goes to a finance review is why the output is in hours by level rather than in a total, and it is the reason there is no dollar figure anywhere above. Your answer that this is the first of several matters changed one thing only, which is the note against under-resourcing phase 1, so it was the cheapest of the three questions.
Why this prompt is built the way it is
## Framework
1. **Phase the matter with a decision point at the end of each.** A budget without them is a forecast; with them, the client can stop.
2. **Assign every task to the cheapest competent level,** and name the tasks a lawyer should not be doing at all.
3. **State the assumptions separately from the number,** and give a range per phase tied to them rather than a point estimate.
4. **Name the two or three decisions that control the number** more than everything else combined, and put them in front of the client.
5. **Say what you do not know** and what would tighten the estimate.
6. **Produce no rates and no total** unless the inputs supply them.
7. **Give the stop-and-reassess triggers.**