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The future of litigation

Most good litigators care deeply about keeping their client's costs down, whilst achieving the best result possible for the client. Costs capping can work but only if done sensibly, and when it caters for the unforseen costs which are usually incurred when one party takes up a fresh issue. The main problem with litigation is that not everything can be anticipated in the litigation process, whereas in transactional work most tasks can be forseen and the amount of time to carry out the work accurately estimated. On the whole the system that we have at the minute works. It perhaps needs a little fine tuning, and the ridiculous guideline hourly rates need to be scrapped and replaced with a requirement that the hourly rate is reasonable (that will improve recovery and make for a happier client). But the system in general works to discourage meritless litigation and the racking up of fees.

12-Jan-2010

1:56 pm