A lost profits engagement moves through 5 steps, from the conflict check to testimony. Each step ends in something counsel can review, and the typical timeline shows how long each phase runs.
Engagement process
Retention and conflict check: We confirm conflicts, identify the conduct at issue and the theory of loss, establish the retainer, and set the deadline.
Records and data request: We request financial statements, sales and cost detail by product or customer, contracts, budgets and forecasts prepared before the dispute, and industry and market data for the loss period.
Analysis and modeling: We construct the but-for revenue and cost projection, separate incremental from fixed costs, link each loss element to the conduct, net mitigation and offsets, and discount future lost profits to present value.
Draft report and counsel review: We deliver a draft that states the causal link, the projection method, and every input, and review it with counsel before finalizing.
Final report and testimony support: We issue the final report and provide deposition and trial testimony and rebuttal of opposing damages models.