Know your Client

How often does the situation arise where the client let’s you down under oath? Or his or her story does not stack up?

How often does the situation arise in possibly a commercial environment where who you think of as your client is only a front for someone or something else?

In my case, can a costs lawyer, instructed or retained by solicitors, go after the lay client for payment of fees, because the solicitor firm goes bust? This is an ongoing matter and no doubt I may post the outcome at a later date.

Many situations arise where a case takes a significant turn in events. It is critical that those receiving instructions know their case and their client fully.

It may be that the claimant is pursuing a claim and a counterclaim is also being pursued. Is your client insured? This was the situation that recently crossed my desk – the client was uninsured, liability being agreed 50/50 and hence the solicitors costs were offset costing the solicitor thousands.

My favourite of all time was the video-surveillance of a lady cutting the grass and carrying shopping bags – proof if ever you needed that a claimant was exaggerating? Wrong – the defendant failed to match up the physio records seeing that the Claimant attended the following day but being a single mum had no choice to do the chores.

Key message is keep vigilant and ensure client care matters are attended to.

If you need any funding advice, do not hesitate to contact us for help.

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Dumbing Down

The ABI have for many years been driving for the whole process for claiming for compensation to be dumbed down.

In fact they go as far to say that there is no need to involve solicitors. They screw down legal fees to the point that the only claimant firms that can do the work are those with low overheads and large volumes.

But now we are seeing the latest trick.

Having made the entire process so simple and dumbed down, they then pick holes in the claim left due to the simplification of the process and imply its sinister. Not just sloppy – sinister

They wheel out senior barristers charging over £5k for a low value fast track trial to not only leave the claimant solicitors with nothing, but the claimants with nothing entirely through the legal profession having to adopt this dumbed down portal forced on the claimants by the ABI who would rather spend £5k on lining the barristers pocket than give it to a claimant.

Is this right?

Claimants and their lawyers need to become masters of pedantry and not lose the art of being solicitors.