Preparing a Litigation Plan

View the Litigation Plan as a fillable Word document.

Litigation Plan

SBA Borrower:
SBA Loan Number(s):

Lender:
Lender Address:
Lender Contact:
Telephone Number:
Fax Number:

Attorney:
Law Firm:
Address:
Telephone Number:
Fax Number:

1. WHAT COURT ACTION DO YOU WISH TO TAKE?

   • (Include name and location of court, and any other services you want your attorney to perform.)

2. WHAT IS YOUR STRATEGY IN THIS MATTER?

   • (Will a trial or evidentiary hearing be required? Are expert witnesses needed?)

3. DO YOU HAVE ANY NON-SBA GUARANTEED LOANS TO THE BORROWER(S), GUARANTOR(S), OR PRINCIPALS?

   • (List balance, loan status, obligors, and collateral – including lien position for each loan.)

4. WHAT IS THE ESTIMATED RECOVERY AMOUNT?

5. IS THERE A RISK OF ADVERSE PRECEDENT?

   • (Describe any litigious issues you know about.)

6. ARE THERE ANY CONFLICTS OF INTEREST, ACTUAL OR POTENTIAL, BETWEEN SBA AND LENDER OR LENDER’S LAW FIRM?

   • (Attach statement from law firm concerning conflict of interest.)

7. IS ALTERNATIVE DISPUTE RESOLUTION FEASIBLE?

8. ARE THERE ANY SETTLEMENT ALTERNATIVES?

9. WHEN WILL THE LITIGATION BE COMPLETED?

10. WHAT IS THE LEGAL BUDGET?

    • Total estimated fees and costs: $

      • LEGAL FEES

        • Total estimated Legal Fee: $

        • Method of Billing: (circle one) Hourly rate Flat fee Contingent fee

        • If billing is hourly, list hourly rate for each attorney and paralegal who may work on this litigation.

      • COSTS

        • Total estimated costs: $

        • Itemize costs anticipated to be in excess of $100. (For example, expert witness fees, appraisals or title reports.)

        • Should there be a pro-rata allocation of legal fees and recovery between your loan(s) and the SBA guaranteed loan(s)? If so, please describe and explain your proposal.

PROMPTLY SUBMIT THE COMPLETED LITIGATION PLAN* AND COPIES OF ALL PLEADINGS AND LEGAL BILLS TO:

U.S. SMALL BUSINESS ADMINISTRATION
LEGAL DIVISION
1145 Herndon Parkway
Herndon VA, 20170

* Please note: An amended Litigation Plan must be submitted if your strategy changes or the fees and costs exceed your estimate by 15% or more.