SURVIVING MITCHELL 13: READ KERRY'S RULES OF SURVIVAL

At the end of the previous post on Surviving Mitchell I wrote that there were important issues of law firm management which needed to be addressed and that, perhaps, Kerry Underwood would be better placed than me to address them.  Kerry has addressed those issues in an article in APIL PI Focus “Rules of Survival”.

THE UNDERWOOD RULES OF SURVIVAL

There is no substitute for reading the piece yourself.  In summary:

1. Screen new clients very carefully.

If you have any doubts about the client being able to comply with a timetable do not take on the case

2. Take a full a detailed proof of evidence at once and get it signed.

Worry about special damages later.

3. Comply with the Pre-Action Protocols to the letter.

4. Suggest ADR as soon as pssible.

5. Make a Part 36 offer as soon as possible.

6. Timetable and budget the whole case at the outset.

7. Have a “living and evolving schedule of damages” on the file from the date that the client comes in.

(This is something I will address in a later post).

8.  Increase fees.

9.   Diarise everything and a appoint a senior lawyer whose duty it is to monitor workload.

10.  Reduce and monitor every’s workload.

11. Assume each case will go to trial.

EARLIER ARTICLES IN THE SERIES

The main 10 points in  the earlier posts on surviving Mitchell are recapped here.

Surviving Mitchell a Practitioners Guide 1 – Know what happened and how it could have been avoided

Surviving Mitchell a Practitioners Guide 2 – Assume every order is a peremptory order

Surviving Mitchell a Practitioners Guide 3 – Make an application before it is breached

Surviving Mitchell a Practitioners Guide 4 – be careful when agreeing variations of directions

Surviving Mitchell a Practitioners Guide 5 – can you even agree extensions of time ?

Surviving Mitchell a Practitioners Guide 6 – you gotta have plan

Surviving Mitchell a Practitioners Guide 7  – make sure your witness statement proves your case

Surviving Mitchell a Practitioners Guide 8 – use pre action protocols and practice directions

Surviving Mitchell a Practitioners Guide 9  – agreements to extend time again !

Surviving Mitchell a Practitioners Guide 10 – agreements to extend time yet again

Surviving Mitchell a Practitioner’s Guide 11 – be prompt: be very prompt

Surviving Mitchell a Practitioner’s Guide 12 – read Legal Orange and Litigation Futures