How support from the right consultants can help overcome common stumbling blocks in legal cases:
There are many times when a solicitor will need to turn to an outside consultant for assistance. Whether it’s to seek litigation support such as pre-sue enquiries including tracing and asset checks or to obtain an investigative report that requires specialist expertise.
Each matter will have its fair share of stumbling blocks; perhaps a party can’t be located, proceedings are returned by the Post stamped “gone away“ or “refused” or there are complex property title queries that can only be resolved from local and mapping investigations. In fact, there are numerous scenarios which call for outside support across all legal practice areas.
Turning to a consultant who can offer you a range of services is worth exploring. From there you can build up a trusted relationship and the next time a case is stalled by unserved papers or uncertainty surrounding the financial standing of a particular party you will know where to turn.
Here are some ways the right consultants can assist you and your client in practice:
1. Outsource your Pre-Sue Enquiries
In the current environment there is increasing merit in conducting due diligence enquiries before proceedings are even issued or served. Considering all the work that goes into instituting or defending a civil action, it makes sense to instruct experienced consultants who can carry out essential pre-sue enquiries on your behalf. Sometimes putting in the time at an early stage of the Action will benefit the case in the long run whether its fact checking or locating key individuals.
2. Leave it to the Professionals
Outsourcing pre-sue enquiries to a competent team of consultants will ultimately save time and resources and may even lessen the number of hurdles that have to be overcome in a legal case. Taking the example of summons serving, while serving court papers by post might appear to be the most cost effective mode of service it does not follow that it is the safest nor that service will always be successful resulting in additional applications to Court. In contentious court cases, there is likely to be an effort to evade service and considering the confidential nature of legal proceedings there is no better security than knowing legal papers have been hand delivered. Expert personal service will best stand up to scrutiny in Court.
3. Benefit from a one-stop shop
By instructing a consultancy that can support your case from cradle to grave you can avail of end-to-end services such as a pre-sue enquiries, tracing, mark for recovery assessments, surveillance, lifestyle reports and due diligence reporting through to summons serving and enforcement security services from a single firm. This will save your firm time and money.
4. Avail of specialist expertise to solve a complex problem
Hours spent researching a particular aspect of a legal case which requires specialist expertise is not cost effective. By instructing an consultant who has inhouse specialist know-how, contacts and experience you will better overcome the stumbling block rather than chipping away at it yourself. Ultimately you’ll benefit from specialist investigative skills that are not available in-house and which are often acutely required for a specific project or client.
Issues to Consider
• Make sure the consultants you engage hold a valid PSA licence for any private investigation services carried out and that they work to agreed standards under a written contract of engagement which should also cover their GDPR commitment and obligations.
At Orion Risk we work with leading law firms, banking institutions, financial service providers and government departments in Ireland and the UK to support pre-sue and ongoing legal case enquiries and investigations including Europe-wide summons serving and tracing services which helps take risk out of the equation. For further information feel free to contact us.
Please note that this article is for information purposes only and does not constitute legal advice.
PSA Licence Number 06041