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The Litigation Balancing Act

By Alex Lubarsky, LLM, and Prashant Dubey
April 29, 2004

As career-performance management aficionados (and self-proclaimed experts), we are bewildered about a glaring problem we find at establishments in market sectors we guide ' but, we're sure, not as bewildered as the firms, individual practitioners and prospective clients we seek to advise often find themselves when confronted with the problem.

Here's the source of our bewilderment: The principles of “you get what you measure” and “you cannot manage what you cannot measure” seem self-evident. And, to be sure, in most large commercial and public-sector entities, integrated performance-management systems have evolved into foundational elements that support how these organizations are run.

But it seems odd that one of the highest-risk and highest-exposure ' and politically and economically sensitive ' business processes has escaped proper measurement: litigation response.

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