At Featherstone & Associates, we understand that navigating legal disputes can be challenging, and we are here to guide you through the process. Whether you are facing a debt recovery matter, a defamation claim, employment issues, or other legal dispute, we are committed to achieving the best possible outcome for our clients.
Featherstone & Associates is dedicated to providing strategic and effective litigation and dispute resolution services.
Our Litigation Process
The following is a list of some of the steps we may take when acting on your behalf in litigation or dispute resolution processes. This is not an exhaustive list; we tailor our litigation and dispute resolution services to the client and particular matter.
Consultation and Case Assessment
Litigation can be unpredictable and costly, so our goal is to perform a thorough initial evaluation of the client's matter, to help determine the most suitable and cost-effective dispute resolution strategy. It may not always be practical to jump straight to filing a claim in court; alternative dispute resolution methods such as mediation may help to resolve a dispute in more favourable terms and at a faster rate than commencing proceedings.
We begin with a thorough consultation to understand the specifics of your case. We conduct a comprehensive case assessment, identifying key issues, and potential legal strategies to achieve your desired outcome. We will advise you of the different options open to you to resolve the dispute, the possible impacts and outcomes, as well as the likely costs of each, allowing you to make informed decisions from the outset of your matter.
Our goal is to be your trusted legal advisor; when it comes to disputes, we want our clients to feel informed and in control (where possible in litigation!). Disputes are inherently stressful; of paramount importance to us is that our clients understand what is happening throughout the process and are updated regularly on case progression, next steps and important deadlines.
Document Review
A meticulous review of relevant documents is a crucial step in building a strong case and avoiding being taken by surprise. We examine contracts, correspondence, agreements, and any other pertinent records and to gain a comprehensive understanding of the dispute.
We provide advice as to the likely evidence required to substantiate your claim or defence. Further, where we see weaknesses in your case and/or evidence, we will advise you of possible impacts and strategy to address the same.
Client Communication and Strategy Development
Open communication with our clients is paramount. We keep you informed at every stage, discussing the strengths and weaknesses of your case and jointly developing a strategic approach to achieve your objectives.
In most cases we will provide you with written advice outlining the dispute and any potential claims and defences. This allows you to remain informed and consider your options before necessarily proceeding with litigation. Where a dispute is more complex, we may recommend seeking an advice from counsel to assist in directing the strategy from the outset.
Statement or Affidavit
Depending on the nature of the dispute, we may work with you to prepare a statement or affidavit. This document serves as a formal account of the facts relevant to your case, supporting the legal arguments we present.
In our experience, this step is often overlooked until an affidavit is actually required for some legal process, such as filing an interlocutory application. In our view, the benefits to taking a statement or affidavit from the client initially (even if it remains in draft format for some time) include:
- Early documentation of events – establishes a clear and accurate record of the client's account from the outset.
- Preservation of initial impressions: captures the client's initial impressions and recollections while memories are fresh, and prevents loss or alteration of crucial details over time. This can be particularly important when considering that litigation can be stressful, and being asked to recall important details for an urgent affidavit during a stressful period may mean details are not recalled accurately, or crucial information is missed.
- Avoids retelling: eliminates the need for the client to repeatedly retell their story throughout the legal process and reduces the risk of inconsistencies.
- Efficiency in case preparation: a statement or affidavit provides a foundational document for case preparation, aiding in the development of legal strategies, and facilitates a more efficient process for legal professionals working on the case.
- Reference for other team members: anyone with authority to work on the matter has a reference to a comprehensive account of events. This also ensures consistency in understanding the client's matter and perspective amongst legal professionals and any authorised third parties involved in the matter.
- Incremental additions: allows for incremental additions and updates to the statement or affidavit as new information emerges.
- Avoids rushed affidavit preparation: reduces the pressure and potential for errors associated with rushed affidavit preparation closer to court deadlines. This also allows for a more thoughtful and thorough creation of a formal affidavit when required.
- Enhances communication with legal counsel: promotes open communication between the client and counsel and consistency in understanding the client's matter.
- Assists with strategic planning: helps achieve early identification of issues, supporting strategic planning and case assessment. The document also provides a foundation for the development of legal arguments and defences.
- Helps to reduce costs: taking a statement or affidavit at the outset helps in mitigating costs effectively by avoiding rushed and last-minute efforts. Proactive documentation allows for a more streamlined legal process, reducing the need for extensive revisions and amendments later in the litigation, which can contribute to cost savings for the client.
Drafting and Filing Proceedings
We draft legal documents required for your case, including statements of claim, defence, reply or counterclaims. We manage the filing process with the court, ensuring that all necessary documents are submitted accurately and within specified timelines. Where required, we partner with third party service providers to ensure your documents are served in a timely manner and in accordance with legal requirements.
Disclosure
In the litigation process, transparency is paramount. Our commitment to open communication extends to the disclosure stage. We work collaboratively with our clients to ensure that all relevant information, documents, and evidence are disclosed ethically and comprehensively. Our goal is to provide a solid foundation for your case, allowing us to build robust legal strategies and present a compelling narrative.
At Featherstone & Associates, we use automation processes and provide guidance on document collation to help save you costs. Throughout the disclosure process, we maintain a clear line of communication, keeping you informed about the information being disclosed and its potential impact on your case. Our meticulous approach to disclosure is a cornerstone of our litigation services, ensuring that we navigate your legal dispute with integrity and thorough preparation.
Legal Representation & Court Attendance
We will correspond with the other party and/or their legal representative(s) throughout the process, keeping you informed of any correspondence received and our intended response. During the course of the matter, there may be several court attendances required for administrative purposes.
Where counsel is required to appear on your behalf, we will advise you with as much notice as possible. At Featherstone & Associates, we believe seeking advice from counsel early on in a matter can help direct the dispute appropriately and potentially save protected litigation and excessive costs.
Why Choose Featherstone & Associates for Litigation and Dispute Resolution?
Proactive Approach
At Featherstone & Associates, our commitment to a proactive approach sets us apart. We believe in addressing legal matters at the earliest stages to mitigate risks, streamline processes using modern automation techniques, and achieve optimal outcomes for our clients. Taking a proactive stance in legal proceedings, especially in the meticulous preparation of documentation and cataloguing of evidence, ensures that we are well-prepared for any challenges that may arise throughout the litigation process. Our dedication to staying abreast of legal developments exemplifies our proactive approach, fostering trust and confidence in our clients.
Specialist Knowledge and Expertise
At Featherstone & Associates, our commitment to specialised knowledge is exemplified by our Legal Practice Director, Roisin Featherstone. With additional qualifications including a Bachelor of Biomedical Science and Master of Medical Laboratory Science, Roisin brings a unique blend of legal expertise and scientific acumen to the practice. This multifaceted background allows us to offer a distinctive perspective in various legal domains, including cases involving scientific evidence, health-related matters, and regulatory intricacies.
We also have experience in a range of fields including investigations, risk management and workplace injuries. When you choose Featherstone & Associates, you gain access to a team with a broad spectrum of knowledge, ensuring that your legal needs are addressed with a comprehensive and interdisciplinary approach.
Your Trusted Advisor – Our Client-Centred Approach
Choosing Featherstone & Associates means selecting a trusted advisor on your legal journey. Our practice is built on a foundation of client-centred values, placing you at the core of our practice. We prioritise understanding our clients' unique needs, concerns, and goals. This client-centric approach allows us to tailor our legal strategies to align with your specific objectives. We believe in transparent communication, keeping you informed and empowered throughout the legal process. Choosing Featherstone & Associates means choosing a legal partner dedicated to putting your needs first.
Results-Focused Advocacy
Featherstone & Associates embodies a results-focused advocacy approach that sets us apart. We are relentless in our pursuit of positive outcomes for our clients, combining strategic thinking with tenacious advocacy to achieve success in legal matters.
Transparency and Accountability
We operate on the principles of transparency and accountability. In every legal matter, we believe in keeping our clients well-informed and engaged. You can expect openness in our communication, providing you with a clear understanding of the legal processes, potential challenges, and strategic decisions. Featherstone & Associates holds itself accountable to the highest standards of professionalism and ethical conduct, ensuring your confidence in our representation.
Duty, Life-Long Learning and Reliability
Duty is at the heart of our legal practice. We embrace a lifelong learning ethos, staying abreast of legal developments to offer you the most informed representation. When you choose Featherstone & Associates, you align yourself with a reliable partner dedicated to upholding the duty we owe to our clients and the legal profession. Our commitment to reliability ensures that you can trust us to navigate your legal challenges with unwavering dedication.
Transparent Fee Estimates
Litigation is inherently unpredictable and can result in significant costs, including adverse costs orders in which you are required to pay costs of the other side. Understanding the financial aspects of litigation is crucial for our clients.
We provide a transparent fee estimate for each stage of the process, allowing you to manage costs effectively. Our commitment is to ensure that you have a clear understanding of the potential financial implications before proceeding with any legal action.
A Partner for the Journey
Our relationship with you isn't transactional; it's a long-term partnership. We are here to be your trusted advisor and stand with you through the dispute process.
Complete our Enquiry Form or email us at contact@featherstone.law today to arrange a free, no obligation discussion about your matter.