As a dispute resolution lawyer I am all too aware that people are often deterred from instructing lawyers to assist in recovering debts or pursuing claims, or in defending such claims, due to their perception of the high cost involved.  

I’m not going to pretend that fighting a legal dispute all the way through to trial isn’t expensive sometimes.  However, the simple fact is that very few disputes ever get anywhere near a courtroom before they are resolved.  Of the 1.5 million claims issued in county courts across England and Wales in 2014, only 8% were defended at all and only 1% actually made it as far as a trial.  Of course, there are many more disputes which are resolved each year without any claim being issued at all.

At Birkett Long, we have embraced the growth in ‘alternative dispute resolution’ and will always assist clients to resolve disputes in the manner best suited to their particular circumstances and budget.  That might be by way of negotiation in correspondence, a ‘without prejudice’ meeting, a mediation or an adjudication.  Or it might be that the time for negotiation has passed and that tougher action is required.  In such cases we will advise on funding options that might be available and take the appropriate steps to minimise our clients’ risk and costs.

Expense should always be considered as part of a cost, benefit and risk analysis which we will carry out at the outset of a matter and discuss with you.  For example, you might consider it ‘expensive’ to pay a lawyer £500 in a claim worth £1,000, whereas you might consider costs of £5,000 in a claim worth £100,000 to be good business.

Furthermore spending a small amount of money to take some early advice will almost always save you money in the long term.  You will know what your legal position is and be able to make decisions based on that, rather than what you think your rights are.  That may mean a dispute can be avoided altogether or you may be able to negotiate a settlement at a very early stage.

So when considering whether or not to instruct a lawyer to assist you in a dispute, remember:

• Taking early advice will save you money.
• The vast majority of disputes are resolved without claims being issued.
• Even where claims are issued, less than 1 in 10 are defended and only 1 in 100 actually go all the way to trial.
• Alternative funding options may be available to assist with the costs.
• The costs involved may prove to be very good value when weighed against the benefit to be achieved.

For help or advice on any dispute, at whatever stage, please contact Keith Songhurst.

Keith Songhurst
01245 453821
keith.songhurst@birkettlong.co.uk