Curb your enthusiasm: time to act on finessing witness statements?

An interesting story in the Lawyer about Peter Smith J criticising SNR Denton for their handling of witnesses and witness statements.  I was reminded immediately of Gloster J's comments in the Abramovich-Berenovsky case about the polishing of evidence.  The tension between lawyers duty to the client and their duty uphold the rule of law and the proper administration of … Continue reading Curb your enthusiasm: time to act on finessing witness statements?

Time to collect settlement data for personal injury cases?

Richard Zorza's an excellent and prolific blogger on access to justice in the US. He has highlighted an issue around settlement mills in personal injury cases. We'd call them factories. He's drawing on a paper by Nora Engstrom. Interestingly, there is much more of a debate in the US about settlement information than there is … Continue reading Time to collect settlement data for personal injury cases?

Lawyers: do not write this down

When taking instructions from clients, or a statement from witnesses, lawyers typically reduce the cluttered and disordered social world of that client or witness to a neat, well contained and legally relevant narrative.  Often that narrative will fit with the lawyers’ initial legal diagnosis or, with witnesses, the line of argument that best suits the … Continue reading Lawyers: do not write this down