Pre-litigation Assessment

Legal pursuit on a matter of principle can be an expensive way to get satisfaction.

 

“I will sue you” is heard so often in the heat of commercial arguments, however the reality of being able to do so is often far different to the emotional wish. There are a number of questions that need to be asked here.

First and foremost , “if you do sue and you are successful, does the party you are suing have the level of unencumbered assets available to meet a successful judgement?”

This is usually followed by questions regarding your capacity to meet the cost of bringing either a successful or unsuccessful claim

 

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Other important questions need to be addressed

 

These include,

  • how long will it take to pursue the matter?

  • How will that sort of litigation affect you and your business?

  • Is there another way of settling the dispute?

  • Will bringing on some form of proceeding assist in an early settlement?

 All of these questions need to be asked and answered, even before the merits of your claim are assessed at any length, as in many cases the ability to pursue a perceived or actual wrong may cost the litigant more than the "best case" outcome. 

 

Litigation is not for the faint-hearted. It is expensive (in both professional and personal time), demanding, time-consuming, distractive (from the core business) and may not achieve the results that the litigant is seeking.

 

At Forensic Accounting Services we work with clients to assess the costs of litigation, looking at the financial aspects of the claim, the costs vs benefits and how any such litigation may be funded. Where practical, we present assessments of the possibility of the opposing party being able to meet a judgement against them and recommend alternative strategies for addressing areas of genuine dispute.

 

In undertaking this aspect of FINANCIAL INVESTIGATION we work closely with other professionals including legal counsel, private investigators, valuers and litigation funders. While litigation may start out as seemingly the only option to obtaining redress to a perceived or actual wrong,  a team approach can often chart alternatives that more closely match the client’s needs, objectives and circumstances.