In a recent Blog I explained why the temptation on the part of a Trusted Adviser to give their client some “common sense” advice rather than recommending that they instruct an experienced lawyer could be a false economy. In this Blog I suggest some other reasons why the early involvement of a lawyer can help to achieve a better outcome.
1. Get advice on the merits and be realistic
Even if a business is involved in a legal dispute and their position appears to be a strong one, it is often helpful to understand the potential pitfalls. It is a waste of resources to invest a lot of time and effort into a dispute where the merits are not very good. Therefore, it can be helpful to get an early appraisal of the issues in the case and the prospects of success, so that any further investment decisions can be made on commercial and pragmatic grounds divorced from the emotion of injured feelings and damaged self-esteem. Whilst this depends primarily upon analysis of the law and the particular facts of the case, it is also necessary to assess the potential impact of many other factors such as:
• The availability of witnesses;
• The potential costs that may arise;
• An assessment of the opponent’s position;
• The attitude of the courts to claims of that type.
2. Get someone to help you investigate and understand the motivations
As an experienced mediator, I have become increasingly aware that the strength or weakness of a party’s case is only one of many reasons why it might choose to settle a dispute: there are always other issues or interests in the background. Getting a clear understanding of these at an early stage gives the best prospect of being able to find a negotiated solution which meets the client’s own commercial interests but might engage with those of the other party. In particular, I encourage clients to think why it might be that the other party is continuing to pursue the dispute rather than seeking a solution.
3. Make sure you review and understand all the options
Once the issues have been identified, an experienced lawyer can then make recommendations about the options available for resolving the dispute. Are there tried and tested avenues for resolution other than the civil courts? Is the dispute suitable for mediation or some other form of alternative dispute resolution (“ADR”)? What is the best route for resolving the dispute without going to court?
4. A lawyer can relieve some of the pressure. 
Finally, and in the light of all the above, an experienced commercial dispute resolution lawyer can then implement the agreed course of action and represent the client’s interests in negotiations or in court. By doing so, he can ease the burden that the dispute represents and take away the anxiety of not knowing how the “system” works.
5. Keep your strategy under review
Ongoing legal disputes can take on a life of their own. New evidence can change the outlook on prospects or circumstances may change. A good lawyer will keep all of the above under review as the case unfolds and ensure the strategy continues to fit with the client’s commercial objectives.
So if you have a case you are reviewing at the moment or would like our advice on a particular problem do Get in touch with us or have a look at our website for more details about commercial dispute resolution or for some comments on assessing prospects of success and some basic dispute resolution advice.
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