Who Foots the Bill?

Have a look at the September/October Spectator article by Martyn Gowar (www.spears.com) which highlights the way that legal costs can dwarf the amount of the claim especially when encouraged by conditional fee agreements on a no win no fee with a success fee of up to 50%.

There is no justification for these massive costs. There is a great deal that can be done in litigation by the person themselves if they have the time.

Take a witness statement. A witness statement is an integral part of any litigation and sets out in writing the client’s case. The modern way is that in Court the person goes into the witness box and his Counsel says “is this your witness statement appearing in Bundle A at Pages 1-58?” The client will then answer “Yes”.

Apart from a few tidying up questions or bringing things up to date that is the end of the examination in chief. Cross-examination then proceeds.

It can be seen that it is absolutely vital that everything goes in this witness statement that the Judge needs to hear but only also things that are relevant, and it must be set out attractively and chronologically.

A lawyer working on a “pay as you go basis” can set up a template for the client with the various headings and the client can put in the long hours of preparing the witness statement. The lawyer can then just tweak it and check it.

This can save hundreds, even thousands of pounds during the course of litigation.

This is a practical example of how to keep costs down. There are many others and they should be explored when talking to a lawyer on a litigation matter.v