AVOIDING NEGLIGENCE CLAIMS IN LITIGATION: A LAWYER’S GUIDE: PREFACE FOR THE SERIES

I am re-writing  and expanding upon an earlier series of posts on the topic of  avoiding negligence claims.  This is mainly aimed at personal injury practitioners, however many of the posts relate to procedure and will be of more general interest.  The first series was six years ago and all of the issues remain relevant.

IT CAN HAPPEN TO ANYONE

Given that honest, hard-working and extremely able lawyers can make mistakes it seems sensible to have some kind of strategy (or at least a discussion) on avoiding problems.   We make a living as litigators because people make mistakes. It cannot be a great source of surprise that mistakes happen within the litigation process itself.

THE PLAN

The plan is to start with limitation, progress to issues relating to the claim form, interlocutory proceedings and other orders and moving on to damage.  We will done look at what to do when matters go wrong.

THE STRANGE MENTALITY OF THE LITIGATION LAWYER…

(Incidentally I have lectured on this subject several times.  When we called the course “How to get sued, make a loss and be miserable” we had a packed house. When we changed it to “How not to get sued, not make a loss and not be miserable” we had a fraction of the number