In this light-hearted note to kick off the new year, Rob Parry, Managing Director in our Disputes, Investigations and Valuations team looks back at a few of the email conversations the team had with the legal profession in 2023. None of the askers is identified and we hope they will not mind us having a chuckle. I’m sure we’ve probably sent the odd one that could make their list too.
| The conversation | Our approach |
|---|---|
|
Solicitor: “Please can I have a fee estimate to produce a forensic accountant’s report?” Our reply: “With pleasure, what sort of case is it?” Solicitor: “I’m sorry it’s confidential and I can’t give you any details at all until your fee is approved” |
We’ll always treat papers sent to us as confidential and are happy to give fee estimates without commitment, but it’s impossible to estimate if we know nothing about the type, details or scale of the case. |
|
Solicitor: “This case is tight on fees, so we’ll need you to work on a contingent success fee like my firm and Counsel are doing” Our reply: “We can’t do that” |
Where we’re acting as independent expert witnesses, clearly our fees can in no way be conditional on the outcome of the case. It can be done when acting as shadow adviser or assisting with submissions to expert determination, but never as expert witness. |
|
Solicitor: “You are doing the expert determination on this case, please can you recommend one of your other colleagues to act as the adviser to us?” Our reply: “No” |
Our experts regularly act as independent expert determiners because we are largely conflict free, so clearly we can’t act as the nominated expert determiner for both parties and as adviser to just one party in the same dispute. |
|
Solicitor: “My client’s accountant has told them the business is worth over £15m” Our reply: “Is that accountant an experienced valuer?” Solicitor: “No, it’s their auditor” |
Managing client expectations on valuation is, like dealing with legal issues, not helped by those with limited experience chipping in. |
| Solicitor: “We confirm your instructions to produce a report in accordance with the attached Court order, please let us know of any reason you cannot meet the deadlines set out” | The Court order had a deadline for our report over several weeks before the email instructions were sent. We will pull out all the stops for urgent reports, but time travel is still outside our skill set. Much better to get us involved early and we can help with agreeing realistic timescales knowing the work required. |
And finally
Not a solicitor email, but one of those calls you get early evening when you wish you hadn’t picked up the phone:
Me: “Good evening Quantuma”
Caller: “Yes, will you stop writing to me about this stuff?”
Reply: “Which matter is it?”
Caller: “I’m not telling you because you’ll keep writing to me”
Reply: “Can you let me know your name?”
Caller: “No because you’ll keep writing to me”
Reply: “If I don’t know which matter it is nor who you are, it will be hard for me to stop any further correspondence. Are you able to tell me who in our Manchester Disputes, Investigations and Valuations team wrote to you?”
Caller: “It’s nobody from your office nor that department”.
