Tag Archives: Avoiding negligence claims

LITIGATORS: WHAT DO YOU DO WHEN THINGS GO WRONG? 10 KEY POINTS

There has been an unusual amount of sympathy today on Twitter for the report of a newly qualified solicitor who was struck off.  The solicitor “had ‘messed up’ on a handful of the 170 cases he was handling and did not seek help from colleagues”. “…there always is a lot to learn. You never can […]

A NEW YEAR’S RESOLUTION FOR 2017 : EX PARTE APPLICATIONS ARE NO PARTY (AND CAN LEAD TO CRYING)

Last year I had 10 new year’s resolutions for litigators.  This year I have one.  (The resolutions from last year remain current but one resolution is easier to keep) THINK VERY CAREFULLY BEFORE, DURING AND AFTER, MAKING AN EX-PARTE APPLICATION OF ANY KIND 2016 saw several cases where the party that obtained an ex-parte order […]

BEING A LITIGATOR – WHEN IT ALL GETS TOO MUCH (AND IT IS YOU THAT HAS TO PICK UP THE PIECES)

There have been a number of reported cases recently of young lawyers (sometimes trainees) obviously becoming overwhelmed by their workload.  This is not a new phenomenon, nor is it necessarily confined to young members of the profession. However it is always sad: for the administration of justice; for the clients; for the firms involved and […]

FRAUDULENT CLAIMANTS AND THE NEED FOR SELF-PROTECTION BY LAWYERS

A report in Litigation Futures last week illustrates the need for “self protection” by lawyers. The headline says it all “Insurance Fraudster who tried to blame his solicitor jailed for 18 months”. “IT WAS ALL MY SOLICITOR’S FAULT” The claimant was jailed for eight months for contempt of court. He, in turn,  sought to blame his […]

IN-HOUSE COURSES ON WITNESS STATEMENTS AND CIVIL PROCEDURE

In response to several e-mails over recent months I have prepared two courses, available in-house only: one on drafting witness statements, the other on “avoiding procedural pitfalls”. WITNESS STATEMENTS “Too often (indeed far too often) witnesses who have had statements prepared for them by solicitors tell the Judge that matters in the statement are not […]

LITIGATION AND WORKLOAD 3: INSURERS

The first post in this series on litigators and workload got an (unexpected) amount of attention.  As part of the series I want to look at one often overlooked, but crucial, part of the litigation chain, insurers. In particular claims handlers.  Judging by the evidence from recent cases it appears that they are not only […]

LITIGATORS, LITIGATION AND THE APPROPRIATE CASE LOAD 2: “IT’S NUTS”

I had no idea that the earlier post on a litigator’s case load would receive such a large response and have many hundreds of people reading it within hours (it was posted on a Sunday remember). Most of the response came on twitter.  One response was (somewhat wryly) that there was a mis-assumption that lawyers […]