LITIGATION CASE MANAGEMENT

Having practiced with seasoned and successful litigation lawyers for a decade, I have found from my experience that, case management is key to success in litigation. Getting the cases or briefs is one thing and managing the cases successfully is another.

Successful case management is not just about winning of cases, it goes beyond winning, it is about achieving your set goal on a case or brief. Some victories are useless victories just like that of the Greek King Pyrrhus of Epirus. 

  

Successful case management begins with guiding your client to properly brief you on the facts of the case and being able to discern the legal issues in the facts. This is then followed by the filing of the appropriate originating court processes and defenses and all the necessary interlocutory applications. It involves being proactive and being up to date on the law, case law and the rules of court/rules of practice, in order to be able to file the necessary and proper court processes and to be unfailing in appearing in court.

There is the need for a Master Office Diary to be used for recording updates on cases and the prompt endorsement of updates in and out of court on a particular Case File.

There is need for a customized Central Record Book of All Cases, to be kept in the File Room or Shelf.

Also there is the need for another Record Book of Updates on All Pending Cases, to be kept by the Head of Litigation, which should contain endorsement of current updates as per: date of filing and service of a court process, manner of service, date of service effected on you; concise record of what happened in court and what is to be done before the next adjourned date and the like.

There is also the need for a Record Book of all outgoing and incoming letters, documents and court processes. This Record Book is to be kept by the Receptionist or front desk officer or any one assigned with this assignment.

There is the need to take minutes of court proceedings, especially in contentious applications or issues, so that in case of the need to prepare a notice of appeal before getting the certified record of proceedings. This is to be taken by junior or most junior in court. I would prefer a recorder anyway.

There is also the need to update clients especially corporate clients by writing them updates and to enable them to be present in court at the next adjourned date or to come to your chambers for pre-trial conferences.

There is also the need for a schedule of all court processes filed in a particular case and bullet points of arguments and authorities to be used in your advocacy in court, despite the fact that, we do more of written advocacy in court these days.

There is also the need to do bullet point critique of the defendant or the respondent’s brief, pleading, address, affidavit, application and the like.

To be continued