Avoiding negligence in litigation
Produced in partnership with Alex Ktorides of Gordon Dadds Consulting LLP
Avoiding negligence in litigation

The following Practice Compliance guidance note Produced in partnership with Alex Ktorides of Gordon Dadds Consulting LLP provides comprehensive and up to date legal information covering:

  • Avoiding negligence in litigation
  • Key terms
  • Conducting litigation—what can go wrong?
  • What can litigators do?

Traditionally, claims against solicitors and other professionals increase during times of recession. Although the present recession has not seen the large increase predicted by some commentators, anecdotal evidence indicates that claims against solicitors have increased in severity if not frequency.

Coupled with this apparent trend of ever-larger claims is the sprawling change that has been occurring both in the field of litigation and in the SRA Handbook 2011. These mean firms will need to be aware of changes and able to adapt their practices accordingly to avoid any gaps in their knowledge and procedures.

This Practice Note discusses typical pitfalls specific to litigation matters and explains how to avoid them.

Key terms

DBA damages-based agreement
LASPO 2012 Legal Aid, Sentencing and Punishment of Offenders Act 2012
SRA Solicitors Regulation Authority

Conducting litigation—what can go wrong?

A number of things can typically go wrong in litigation matters. These can include:

  1. failing to agree objectives early in proceedings

  2. failing to deal properly with funding

  3. not following practice or procedures correctly

  4. delays

Failing to agree objectives early in proceedings

A common area of contention is the failure to agree clear objectives at the outset with