A Practical Approach to Effective Litigation: (A Practical Approach)

This book analyses the key skills that a lawyer needs to handle a case effectively, a topic that is not covered coherently in any other book. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition involves a complete reworking of the last edition to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The book has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The book also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with a client, drafting legal documents, and presenting a case in court. Throughout the work the emphasis is on demonstrating how to use law effectively, how to develop a case, and how to present persuasive arguments. Lawyers operate in an increasingly complex environment, faced with challenges in funding a case, in managing a case to avoid sanctions, and in using complex rules to best effect. The author addresses the use of legal knowledge and skills within this rapidly changing context, bearing in mind not least that the pace of change is likely to continue with the developing use of IT, and the widening use of alternative business structures. In putting together skills and law in a fully up-to-date context, A Practical Approach to Effective Litigation brings together the sound knowledge of the law and the legal skills an experienced litigator will use to get the best results for clients in a real-world context. It will be of use to anyone in the early years of legal practice, experienced solicitors who have had limited involvement with civil litigation, and those training to be a barrister or solicitor.

Table of Contents:
1: The growing focus on 'Effective' Litigation 2: An Overview of the Litigation Process 3: Dispute Management and Alternative Dispute Resolution Options 4: Legal Practitioners and the developing Professional Context 5: Advising a Client and Taking Instructions 6: Financing Litigation 7: Establishing and Analysing Facts 8: Making best use of relevant Law 9: Defining Issues 10: Joining the right Parties 11: Legal Letters and Opinions 12: Drafting Statements of Case 13: Pursuing Appropriate Remedies 14: Defending an Action 15: Track Allocation and Directions 16: Active Case Management and the use of Sanctions 17: Costs Management and Budgeting 18: Evidence, Disclosure and Witness Statements 19: The potential roles of Experts 20: Procedural Rules as Practical Tools 21: Managing Risk and Cost Benefit Assessment 22: Settling a Case and Part 36 offers 23: Preparing a Case for trial and drafting Skeleton Arguments 24: Presenting a Case in Court 25: Costs Orders and Costs Shifting 26: Enforcing a Judgment 27: Challenging a Judgment 27: Your Practice

About the Author :
Professor Susan Blake is Associate Dean at City Law School, City University London. She worked at the Bar for 3 years, in civil and family practice. She was Programme Director of the Bar Vocational Course in its early years, and has more recently developed LLM provision. She is co-author of A Practical Approach to ADR and The Jackson ADR Handbook, both published by Oxford University Press.