Ial distancing detail
There will be another ceremony this week for the rest of the 2019-20 devils, conducted in similar style. This year’s newly-called Advocates accordingly enter a world that would have been unimaginable when they first embarked upon devilling. But adaptability and innovation have been core attributes for successful counsel for a long time.
So, our newest members have come to the Bar in unconventional style. be in a position to offer dispute resolution services if their clients need them. Where a smaller firm lacks its own litigation or dispute resolution offering, global firms like Clyde & Co can support using services like our dispute resolution agency offering, while maintaining the original client relationships.
While a dispute can be an unwelcome distraction for any business, and a litigated dispute even more so, there is always time to reflect on what is right for the business. In addition to the funding model one question to ask is which law firm offers the service best suited to the business and the dispute. This may be the law firm that has always acted for the business; or it might be a specialist dispute resolution firm. The answer might not be
The challenges faced during devilling will equip them well for the challenges of practice in these strange times. Meantime, the calling ceremonies for the Class of 2020 will, I hope, be unique: we all, I am sure, look forward to a world in which we can welcome the newly-called with something more heartfelt than a sociallydistanced wave.
Roddy Dunlop, QC, is Vice-dean of the Faculty of Advocates clear. The answer can become clear by, as happens elsewhere, inviting law firms to set out why they are the best firm to help you and your businesswiththisparticulardispute. Just some of the questions that might be asked include: what fee options are available; is there funding available; who would work on this dispute; what experience do they have; how is what you provide different from other law firms and right for this dispute?
The core message is this: litigation doesn’t have to be an economic liability. In the face of economic strife, some companies will make rash decisions which may require seeking damages through the courts or arbitration for legal wrongs. By breaking old habits, businesses can enforce their rights without diverting financial resource. Litigation could be an asset that businesses can exploit by procuring legal services as they procure anything else: shop around to choose the law firm that offers you the best holistic approach to the dispute including how the risk is shared.
Anne Kentish is a Partner, Clyde &Co
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