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
  • Conducting litigation—what can go wrong?
  • What can litigators do?

Coupled with an apparent trend of ever-larger claims against solicitors and other professionals is the sprawling change that has been occurring both in the field of litigation and in SRA regulation. 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.

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 the client. This is particularly tricky to achieve as litigation is, by its very nature, adversarial and clients tend to consult solicitors during what is a stressful time. Many lawyers have been consulted by a client who is determined at the beginning to have their day in court to resolve a matter of principle but later claims that their lawyer failed to properly advise of the options and agree objectives.

The problem with the process of litigation is that it takes time and begins to wear the client