If you are considering pursuing a claim against another party, or you are on the receiving end of a claim, you may not know where to turn or what to do next. Whilst ‘litigation’ can be an intimidating word, Tozers are experts at dispute resolution and you can contact our specialist Litigation team to speak with a lawyer in a free preliminary, no-obligation phone or video call.
This insight explains the purpose of the call, the benefits of seeking legal advice and how our expert team will handle your enquiry.
What is the purpose of the preliminary call?
The preliminary call allows us to:
1. Perform a conflict check. We will need your full name/company name and the names of any other parties involved in the dispute/potential dispute. This information is kept confidential but we will not be able to proceed without it.
2. Ask you some questions. The call is a short fact-finding activity which gives us the opportunity to introduce ourselves and how we work, understand the underlying issues and other details like the value of the dispute any deadlines and any other important features of the matter.
3. Understand what documents you have or might need to obtain. Sometimes, it is helpful for us to look at the key documents before we speak to better understand the issues.
The answers you provide will help us set out how we can assist and discuss the funding of the case to take the matter forward and will often include reviewing the key documents you have in relation to the dispute. Occasionally, we may need to see all the available documents before confirming a fee quote or discussing funding options.
All of this happens without charge to you. People often ask if we offer “Free Half Hours” and whilst we don’t advertise ourselves as doing so, the above steps are often equivalent to doing so.
Can you give me any advice or tell me whether there is a claim before instructing you?
The purpose of our initial call is to ask you preliminary questions about your legal problem and for us to explain how we might be able to help you. It is also a good opportunity for you to understand if you think we are the right lawyers for you. At this point, we are not able to assess whether you have a claim, or can successfully defend one if you are on the receiving end.
Whether you have a claim depends on a full review of the surrounding circumstances and to review these we will need to spend time considering the background to the dispute and any documents you have which is chargeable work. It may be necessary to speak with other witnesses or obtain documents you do not have. Occasionally, we might advise you to obtain expert reports. Only when all these steps are done can anyone give you an accurate assessment of the dispute.
We often say “it depends” because we need to consider all the facts and correspondence surrounding the case. Until we get to grips with this information it’s impossible to form a clear view of the dispute
Once we have reviewed your position we can discuss key considerations, including the likely costs and timescales of legal action, so you can make an informed decision about the next steps. Legal action can often be expensive, however, the modern litigation process is designed to promote early settlement even after proceedings are issued and very few cases are decided in court.
Do you offer different fee options?
Yes. Depending on the circumstances we can offer cost estimates, fixed fees and conditional fee arrangements (sometimes known as No Win No Fee). If you have insurance which might cover a claim, we can also work with your insurers and agree terms to assist you.
What is the benefit of seeking legal advice?
Some are obvious, and some are not so:
1. You often have one chance at pursuing your claim and instructing a solicitor gives you the best chance of framing your claim in the strongest way.
2. We are experts in dispute resolution. Wherever possible the focus will be on settling the claim most cost-effectively, often without recourse to proceedings.
3. Creative problem solving. We can advise you about the likely costs and timescales of litigation, as well as discuss creative solutions to the problem.
4. It demonstrates that you take your legal rights and obligations seriously and that you will robustly preserve/defend your position.
5. If the other party has, or is likely to, instruct their solicitor, you will want to ensure you have an equality of arms.
What are the risks if I don’t seek legal advice?
1. You run the risk of prejudicing your position. This means when you say or agree to something which results in a binding compromise and will prevent you from pursuing a claim.
2. You run the risk of your claim being struck out. If you issue a claim and don’t particularise it properly or issue proceedings without following the complex Court procedures, the defendant could ask the Court to strike out (dismiss) your claim.
3. You could be liable for the other side’s costs. The general rule of litigation applies to claims valued over £10,000 which means that the unsuccessful party is responsible for paying all or a portion of the other side’s legal costs. This presents a serious cost risk to you.
4. You may not properly settle your claim, or “over-settle”. We can advise as to whether any settlement is appropriate and ensure all the loose ends are tied up so there is no comeback down the line.
What is the next step after the preliminary call with Tozers?
We will provide you with a quote, often by email, and discuss with you any questions you have. If you decide to instruct us, we will ask you for some further information to perform our ID and due diligence checks. We will then send you our formal letters of instruction before commencing work.
If we are not able to assist, we will do our best to indicate where you might obtain other sources of useful information about the dispute.
How do I contact the Litigation team?
You can contact us by phone on 01392 207020 or fill in the ‘Make an Enquiry’ form on our website. Our specialist team will be delighted to assist.
