Establishing the evidence, defining litigation objectives and assessing the alternatives.
The claim and the evidence
Before deciding on a course of action, the useful outcome and the alternatives need to be defined. A verifiable chronology separates documented facts, statements, disputed matters and questions that still require investigation.
The initial file
- Contracts, complete correspondence and receipts.
- Documents already formally served and deadlines to be checked.
- Relevant accounting records and technical reports.
Preparing the decisions
The analysis also considers the other party’s defences and claims, the cost of waiting, opportunities for negotiation and the enforceability of the outcome. A plausible argument must be tested against the evidence available and any further evidence that can be obtained.
Before sending documents
The firm checks whether it can consider the matter and whether there are any conflicts of interest before you send confidential material. An initial enquiry does not create an engagement.