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Grappling with litigation (for the unaccustomed)

For larger legal teams there are likely to be in-house specialists orchestrating litigation. In smaller teams it probably not a regular occurrence.

In the forthcoming webinar for the C&I Group on 10th October I shall be sharing some ideas how to keep litigation as a rarity as well as dealing with it when unavoidable.

As head of a team you need to make sure that senior managers appreciate the desirability of resolving disputes without recourse to litigation and that there are reliable processes in place to deal with threats of litigation and proper consideration of the implications of embarking on litigation.

The starting point is better legal awareness on the part of all those in the organisation who will be the first to be aware of a potential dispute or exposure which may require the organisation to seek redress or defend itself.

Failure to appreciate the duty to disclose communications unless privileged may prove disastrous.

Legal recourse or exposure may pale into insignificance alongside reputational implications. Lighting the litigation fuse should be preceded by an approval process which diminishes the risk of regretting that decision.

As a team member you need to be confident that you can get a good picture of the likely costs in whichever jurisdiction is relevant and orchestrate the way in which resources are mobilised.

Litigation is an area where cost predictions tend to be hard to establish. Nevertheless you should work with whoever you entrust with the litigation to establish a reasonable appreciation of the likely overall cost, as well as trying to contain the next steps within an agreed amount.

This webinar will showcase some materials which you might find helpful in this context.