Griffin Law has developed its own front-end case analysis procedures through the use of Dispute Strategy Memoranda and a coherent and all-encompassing 360 degree examination of as many heads of claim (and the strengths and weaknesses of a client’s case) as is possible.
Risk Analysis Process
This rigorous risk analysis process includes pre-litigation consideration of:
- the law (including key issues relating to multi-jurisdictional disputes, applicable law/jurisdictions, enforceability of orders and judgments (if obtained) and any pre-emptive litigation remedies (such as freezing injunctions) that may need to be sought before any claim is issued);
- the facts;
- the proposed draft witness evidence and the credibility of proposed witnesses at trial/on any substantive hearing;
- all documents held by or under the control of a client which need to be considered for disclosure (and likely documents held by opponents that will be disclosed, whether voluntarily or pursuant to an order for specific disclosure);
- any expert evidence that may be required (including evidence as to foreign law);
- potential satellite claims and issues that may be able to be used to apply commercial or other pressure on opponents;
- an examination of opponents’ financial and other resources;
- any concurrent public relations, political or diplomatic strategy; and
- the overall chances of success in respect of both the claim and, most critically, the likely chances of securing payment of damages, interest and costs from any opponents.
Once this has taken place we can then agree the basis of our retainer with you.