Law Articles And Legal Issues

London Solicitor Advises on the Cost of Not Having a Lawyer!

There are, in essence, three principal ways of resolving a dispute other than by means of legal proceedings. If they work they are better for you and your business than pursuing matters through litigation. They are (1) communication between the parties; (2) communication between the lawyers; and (3) alternative dispute resolution or ADR as it is called for short. However, in relation to all three ways, you must adopt the maxim of:

?Hoping for the best and preparing for the worst?.

While you hope that your negotiations, your solicitor?s letters or ADR will be successful the prudent person also prepares for the possibility that you might have to resort to litigation. While you may not be aware of it, what you do and do not do before legal proceedings are commenced can affect your position in those proceedings should they become necessary. The obvious way in which your pre-action conduct can affect you is in the area of costs and interest rates. While (broadly speaking) the Court has no jurisdiction over parties unless/until they become involved in litigation, it nevertheless seeks to influence their conduct primarily through the threat of financial penalties.

Costs are, of course, an extremely serious issue both for the client and the lawyer. That is something that is recognised by the Court and reflected in the Rules. Thus, while the issue of costs is always within the discretion of the Court, it is usual in this jurisdiction for the unsuccessful party to be ordered by the Court to pay the reasonable costs of the successful party on what is known as the ?standard basis?. That generally translates into about 70-75% of actual costs leaving a shortfall for which the successful party will be liable to pay. Hence if those parties conduct themselves properly the successful party (let us say the Claimant) will recover 70-75% of actual costs from the Defendant. However, if either of the parties does not behave properly in the Court?s eyes, that party is likely to be penalised.

(a) For example, the Court might consider that the successful Claimant has behaved in an inappropriate manner and is therefore not to be allowed any of its costs or as much of its costs as would otherwise have been the case.

(b) Alternatively, the Court may consider that the unsuccessful Defendant has behaved unreasonably and will order it to pay costs on what is known as the ?indemnity basis? which entitles the Claimant to a recovery rate of more than the usual 70-75% of actual costs (sometimes ? in rare cases - as much as 100% of actual costs).

(c) Similarly, the Court is able in certain circumstances to penalise the unsuccessful defendant who has behaved in an unreasonable way by ordering it to pay interest on the claim at a higher rate (up to 10% above base!) than would otherwise have been the case.

If the parties can resolve the dispute between themselves and without the involvement of the lawyers then of course they should do so. However, if you have a dispute which you feel able to resolve yourself (and not all will fall into that category) you must be careful in case the dispute is not resolved in spite of your best efforts. What you say, write, or do during this stage of the dispute may prejudice your position should matters escalate to legal proceedings. Thus, for example, do you know when you should write on a ?without prejudice? basis or a ?without prejudice save as to costs? basis or on an ?open? basis? Many people get these things wrong. Do you know what you should and should not be saying in each of those different categories of correspondence? Do you know what the Court considers to be reasonable and unreasonable conduct before litigation is commenced? Do you know whether your dispute is covered by any of the pre-action protocols? Do you know what documents you are obliged to provide at this stage and which documents you do not have to disclose now or ever?

Court is the last resort. Before letting slip the dogs of war explore first what can be achieved through the arts of peace ? negotiation, correspondence, expert advice, mediation and all the techniques of alternative dispute resolution.

This article is free to republish provided the authors resource box below remains intact.

Robert Johnson is part of the Commercial Litigation department at Healys Solicitors in London and also aids the Brighton Solicitor office.

Other Article Sites

findabook.com  moneycd.info  a-mortgage.info   about-lemon-laws.info  aboutstudentloans.info
all-about-publishing.info  auctions-articles.info  bestcollege-university.com  bestispconnection.com
biblefolder.com  blogger-website.com  books-used.info  brokers-guide.info  buywindows.info  cable-dsl.info
career-miner.com  carpel-tunnel.info  cashinaflash.info  cashloanreviews.info  casinobell.com  chat-house.info
clearmycredit.info  collegeloantips.info  crones.info  depression-articles.info   dirnic.net  dishguides.info
divers-below.com  expodog.info   financewizz.com  fire-insurance.info  getgood.info  handleit.net   it-idea.info
health-supplies.info  hosting-right.com  insidealert.com  insurance-facts.info  jobs-employment.info
justgood.info  lookgold.net   lowcost-travel.info  money-source.info  myhostzone.info  numisblog.com
peoplesearchfinder.info  pr-articles.info  realeas.com   refinancing-guides.info  spyware-remove.info
telelot.info  the-law.info   toppaid.info  travel-deals.info  travelcorrect.com  wedding-guide-site.com
your-blog.info  your-credit.info

Other Law Sites
Search The Internet For Other Law Sites

Law Books
Search For Law Books At FindaBook.com

Legal Services of Labor Law Attorneys
Labor law attorneys deal with a broad range of labor issues mainly related to how employers treat employees, former employees and applicants for employment. This includes all the areas of the employer-employee relationship, negotiations, and the collective bargaining agreement.

Lemon Law Attorney, Dana Lynn Tarquini, Featured at Lemon Law Administrators Conference
Ms. Tarquini, one of the country's most prominent lemon law attorneys, participated in panel discussion at the 10th anniversary lemon law administrators conference in Atlantic City.

New Legal Guide to Divorce by Family Law Expert
A brand new legal guide to divorce, "Divorce and Separation Today", has been newly published by DragonCub. Far more useful than the average divorce guide, it delves into how the divorce courts operate as well as providing practical and sensible advice on emotional and other sensitive areas. It is an essential guide for anyone considering or going through divorce.

Tax Attorney Web Site Warns of Upcoming Tax Laws in 2008
TaxAttorneyHelp.com, an online network of tax attorneys, is preparing to assist taxpayers with new laws in the coming year.

Tax Attorney Site Answering More Questions on New Tax Laws
TaxAttornyHelp.com, an online tax law attorney service provider, has answers to questions on new tax laws that affect filers in 2008.

Tax Attorney Roni Deutch Analyzes Proposed Tax Laws in New Featured Blog
After nearly seven months of blogging, tax attorney Roni Deutch has posted a new featured blog analyzing the causes and possible outcomes of a new proposal that is being backed by the Internal Revenue Service. The proposal is part of President Bush's 2008 budget, and attempts to lower the gap in what taxpayers pay and what they should pay in taxes, by requiring many Internet companies to collect personal data from their users.

CalBizCentral Announces Booklets to Help Businesses Navigate State, Federal Employment Laws, Reduce Legal Risk
CalChamber's CalBizCentral 'What Every Manager Needs to Know About' series provides training managers need to comply with confusing laws.

Legal Resource Local-Attorneys Expands to Include Divorce Law
Local legal resource website Local-Attorneys has announced that it is expanding to cater to divorce law specialists and visitors in need of advice. Web users will be able to browse local law firms who specialize in every sort of legal vertical. Find the best advice and attorneys in the industry.

New York City Construction Accident Lawyers Lobby for Safer New York State Labor Laws
Recent construction accident news supports David Perecman and Doug Fanning's stance that New York State labor laws need to be updated and strengthened to protect worker's rights.

Monroe, N.C. Family Law Attorneys Merge Practices to Form Stepp Lehnhardt Law Group
Donna Stepp and Dana Lehnhardt combine local practices and operations, creating 4-attorney general practice law firm with emphasis on family law

Pending Federal Law Threatens All Copyright Owners says the Hodgson Law Group
The Shawn Bentley Orphan Works Act of 2008 (S. 2913) "Orphan Works Act of 2008" (H.R. 5889) allows anyone to use a copyrighted work without first obtaining permission. The user can later claim that a diligent search was conducted but the owner could not be found in any later action for infringement. This new legislation will apply to all copyright owners whether or not the work was previously registered with the Copyright Office. The legislation threatens the rights of artists, photographers, composers, film makers, publishers, and visual artists says the Hodgson Law Group. The Copyright Office not only endorses this legislation, but also advocates further changes that go beyond the proposed statute in reducing copyright protection. T...

Fresno Family Law Attorney Says Collaborative Law Can Provide Smoother and More Affordable Divorce
Fresno family law attorney Erin Rhames-Childs says collaborative law can help people can reduce the conflict and cost of divorce litigation.

Understanding The Law...Criminal Law
The following Q&A's have been provided to help you better understand Criminal Law.

Copyright Infringement Cases Can Teach Us To Obey Copyright Laws
Copyright infringement cases can be both costly and time consuming. Considering copyright infringement is something that isn?t as easily defined as theft or speeding, there are numerous copyright infringement cases changing the way copyright law is viewed in the U.S. By reviewing a few of these copyright infringement cases, you can get a better idea of what is, and what is not, acceptable use of copyrighted works.