A Practical Guide.
If you are planning to litigate, you need a Lawyer. However, if you want your Lawyer to be briefed correctly on a property or construction matter, you may also need a Quantity Surveyor.
Most disputes are about cost, and Quantity Surveyors are trained to assist you. Some choose to specialise in litigation support as testifying or non-testifying experts or, in the more commonly used vernacular, “clean” and “dirty” experts. I recommend you see a non-testifying expert first to help you prepare for your first meeting with the Lawyer.
As a bridge between the technical, commercial, and legal, a Quantity Surveyor can help you keep the process efficient and focused on your best interests.
Preparing for the first meeting with a Lawyer.
Choosing the right Litigation Lawyer is crucial for a successful outcome. Your first meeting is the foundation of this relationship. This guide will help you prepare, understand what to expect, and learn how to maximise this valuable opportunity.
Why is the First Meeting so Important?
Your first meeting with a lawyer is a "value conversation." You assess whether they can add value, and they assess whether they can meet your needs. Clear communication about your desired outcome is key, even if you don't understand the legal details. This conversation lets the lawyer create a tailored proposal to achieve your goals.
What to Prepare: Defining Your Objectives
It's tempting to dive into the details of your case, but the primary focus of this initial meeting should be your desired outcome. A Litigation Lawyer's role is to map potential paths to achieve your objectives. You need to understand the feasibility of those objectives, the associated costs, and how to best position yourself for success. Therefore, before your meeting, clarify what a reasonable outcome looks like for you, independent of how the dispute is ultimately resolved.
1. Clarify Your Understanding of the Dispute, Goals, and Expectations:
Consider the following questions, focusing on your desired results rather than the legal process:
Problem/Gain: What issues are you trying to solve (your pain points)? What specific results do you want to achieve (your gains)?
Impact: What are the financial and non-financial implications of the current situation and your desired results? Who else is affected?
Restraints: What has prevented you from resolving this issue already? What are your time constraints?
Resources: What resources (financial, personnel) are you willing to commit?
Decisions: What key decisions need to be made? When? Who is involved?
2. Summarise Your Understanding of the Dispute:
Frame your dispute in simple, understandable terms, and bring your answers to these questions to the meeting, focusing on:
What did the other party do wrong (or what are they alleging you did wrong)?
What should the other party have done (or what are they alleging you should have done)?
What was the impact of this action (or alleged action)?
What will it take to resolve the situation?
3. Collaborating on Framing the Legal Problem:
Your clear, non-legal summary will help the Lawyer understand the core issues of your dispute. Together, you can then translate this into legal terms, focusing on:
The conduct that created the dispute (the wrongful conduct).
The legal obligation that was breached.
The loss or suffering caused by the wrongful conduct.
The causal link between the wrongful conduct and the loss.
The legal remedy that will address the problem.
The party that can clearly articulate these five elements is often better positioned for success in commercial disputes.
What to Expect: Questions, Not Answers (Initially)
It's natural to expect immediate answers from a Lawyer. However, the most effective Lawyers prioritise diagnosis before prescription. Expect to be challenged about your objectives, constraints, risks, and parameters. This rigorous approach demonstrates thoroughness and leads to a clearer understanding of your needs and the best path to resolution.
Be wary of Lawyers who offer immediate solutions.
Jumping to conclusions without understanding the problem can lead to increased costs, prolonged disputes, and unfavourable outcomes. Patient lawyers who ask insightful questions are more likely to develop well-reasoned and effective legal strategies.
What to Learn: Key Takeaways from the Meeting
You should leave the meeting with:
Confidence in the Lawyer's Understanding: The Lawyer should be able to articulate your objectives back to you, demonstrating that they have listened and understood your perspective.
Clarity on the Process: The Lawyer should outline the next steps, their responsibilities, and what they need from you.
Identification of Information Gaps: A good lawyer will acknowledge that one meeting cannot provide all the answers. Understanding the gaps provides clarity and allows you to gather the necessary information.
What are the Next Steps?
Resist the urge to make an immediate decision. Wait for the Lawyer's follow-up communication. This communication should demonstrate their value to your case and provide a tailored recommendation. Sometimes, a lawyer may determine they are not the best fit for your case. If so, this is perfectly acceptable. A reputable lawyer should guide you in finding more suitable representation.
Disclaimer: This information is for general knowledge purposes only and should not be considered legal advice. It is essential to consult with a qualified legal professional for any legal matters or concerns.
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