The links section of this blog points readers to many and various useful posts and articles on procedure. Today, however there are two that need singling out as part of the “Surviving Mitchell” strategy.
Reading Mitchell-Proofing your claim from the Cradle to the Grave should be compulsory. I am advocating you read it and it is difficult to summarise an already succinct article. In short:
- Frontload the claim; frontload the claim; frontload the claim.
- Follow Legal Orange’s prescriptive formula.
- State the obvious at the costs management hearing.
- Work through the directions.
- Serve copies of the court orders on everyone.
- Point out your opponent’s mistake and take every procedural point humanly possible.
- Have a manageable caseload.
- Take a copy of Mitchell to you supervisor if you don’t
- (Don’t rely on this summary read the original)
Another brilliant piece of writing is from Louise Chambers writing in the Litigation Futures Blog, on Costs Budgeting, Form H and how to avoid working for free Again I recommend reading the original and not a summary.
- Adapt to the changes firm wide.
- Avoid the Mitchell solicitors pitfalls by having costs budgeting as a central part of what you do.
- Calculate the budget.
- Learn and adapt.
ALL EASIER SAID THAN DONE
It is no accident that this writing comes from solicitors on the front line of litigation. Many of the points raised, particularly by Louise, relate to the management of litigation. I suspect a key issue may well be case loads. How that is resolved requires a very special type of expertise. Kerry…?
KERRY UNDERWOOD RESPONDED
Not for the first time Kerry anticipated what I was going to write. In an article in APIL Focus this month he deals specifically with working practices and work loads.
“Reduce and monitor each lawyer’s caseload, and assume each case will go to trial”