The starting point for any litigator is an ability to analyse a case and in particular, to identify the issues. This skill is essential because of the requirements of the Overriding Objective. In this course, the delegates learn how to conduct a detailed analysis of the facts of a case and how to create a case theory. The course also concentrates on appropriate pre-action behaviour.

The topics covered

•          Preparing to meet a client;

•          Interview and meeting skills;

•          Managing client expectations, including costs;

•          Standard engagement letter and terms of business;

•          Investigating the case;

•          Case analysis and creating a case theory;

•          Merits assessment;

•          Setting objectives;

•          The Overriding Objective;

•          Considering different dispute resolution methods (litigation; arbitration; ADR);

•          Considering choice of jurisdiction and parties;

•          Pre-action tactics;

•          Pre-action protocols; and

•          Pre-action disclosure.