SYDNEY
Level 2, 234 George Street
SYDNEY NSW 2000
Telephone +61 2 9241 4488
Facsimile +61 2 9252 0854

ADELAIDE
Level 8, 26 Flinders Street
ADELAIDE SA 5000
Telephone +61 8 8231 0077
Facsimile +61 8 8231 0370

POST
GPO Box 1173
ADELAIDE SA 5001

 

Litigation Review and Management

Our partners are experienced insolvency practitioners who have instituted several hundred pieces of commercial litigation and have managed some of the longest and most complicated cases held in Australia. Accordingly we are experienced in the costs, benefits and risks associated with expensive and protracted legal disputes and believe that often insufficient attention is given to trying to resolve disputes in a more sensible and commercial manner.  We believe that our experience gained over many years of practice may be of benefit to corporations which have concerns and/or doubts about the costs, delays, efficacy, merits, risks and objectivity of reporting, of ongoing significant litigation in which they are involved.

We would be pleased to meet with your counsel, senior executives and/or board members to explain our proposal to conduct a confidential and privileged, strategic and independent review of significant commercial litigation in which your corporation may be involved, either as a plaintiff/applicant or defendant/respondent.  It is possible that parties to litigation will relate to some or all of the difficulties which we have encountered in many pieces of litigation. Complaints and observations received from various clients include the following:

  • Escalating costs which bear little resemblance to previously-tabled litigation budgets.
  • A concern that the matter is being over-serviced by an unnecessarily large legal team.
  • A scatter-gun rather than focussed approach being taken to litigation.
  • A less than commercial attitude being taken by lawyers towards litigation.
  • Disillusionment with barristers who may have provided very positive initial advices on prospects only to weaken in their resolve as trial approaches, following significant legal expenditure in reliance on such advice.
  • A perception that some legal firms have a practice of retaining barristers who rarely challenge their opinions concerning the strength of their legal arguments.
  • Difficulty resolving litigation because of personality differences/clashes between respective solicitors and barristers.
  • An approach by the legal team of “win at all costs” coupled with “take no prisoners”, which nearly always results in litigation budgets being significantly exceeded.

To learn more about these services, email John Sheahan (jsheahan@slp.net.au) or Ian Lock (ilock@slp.net.au).