A. Assessment: In presenting a settlement offer for internal consideration, the City Attorney's Office may provide the following and shall provide the following in writing if requested by the Mayor, the City Council or the head of the department involved:
1. The likelihood that the City will prevail on the claim and an explanation why;
2. A quantification of the monetary and/or nonmonetary damages to which the City would be subject if it lost;
3. Identification of other relevant considerations, such as the award of attorney fees and costs to successful plaintiffs in civil rights cases; and
4. Identification of possible alternative courses of action considering factors in subsections A1 through A3 of this section as well.
B. Caption: Any such written assessments shall bear the caption "Privileged & Confidential - Legal Advice Of Counsel/Attorney Work Product".
C. Best Judgment: Assessment of the likelihood of success and potential damages can be extremely difficult and precise quantification is usually not possible, particularly on likelihood of success. Nonetheless, the City is entitled to the lawyer's best judgment on both points expressed in a range that is professionally responsible.
D. Probability Of Success Rare: Because of the uncertainties inherent in litigation, it should be expected that a high probability of success will be rare in controversial matters. Similarly, when significant financial exposure is identified, and the appropriate City officials decide not to settle, lawyers should not be viewed as guarantors that risk will not in fact be incurred. (2019 Compilation)