Advisory / Evaluative Process - Case Appraisal

Nature of Case Appraisal

Case Appraisals are used to advise parties of the strengths and weaknesses of their legal case - assuming they may go all the way to court.  Cases are assessed by retired judges, or by senior lawyers, who generally respond to the parties’ and/or their legal advisers' case presentations on an informal, verbal basis.

Case Appraisals provide opportunities for “dress rehearsals” before parties commit themselves to irrevocable positions and expenditures in litigation.   This recognises that, with every case that’s ever gone to trial, at least one party got it wrong — and lost.   This process gives parties, particularly key decision-makers, an unbiased appraisal of their prospects for winning.

Case Appraisals acknowledge that, as a party or as an adviser to a dispute, you never quite get hold of the whole, unbiased story:

• In business it’s not uncommon for managers, by design or by omission, to keep their bosses in the dark about the real substance and status of a dispute - sometimes for years!
• In matrimonial and partnership disputes and in family business conflicts, emotions frequently overcome reality.  Watch out for the statement: “It’s a matter of principle” – it virtually guarantees that the conflict will proceed until the parties are exhausted and/or their wallets are empty.

In the world that exists outside the legal system, important assumptions and assertions are usually carefully tested, reviewed and considered before major final commitments are made.  Case Appraisal offers this facility for legal disputes.  It is also a highly effective mechanism for getting key decision makers directly involved in the dispute resolution process.

The Case Appraisal Process

Case Appraisals deal with legal issues (see Expert Assessment for details of how we address technical issues). 

The Appraiser is presented with a summary of each side’s position and arguments.  The presentation may be made by documents or in person and may, or may not on election, involve legal representation.

The Appraiser gathers information, asks questions and, subject to the need to undertake further research, provides his/her opinion on the strengths and weaknesses of each parties’ legal position. 

Depending on the process that has been agreed, the appraisals may be given to the parties’ key decision makers verbally, in writing, in private, or in open meeting. 

Benefits of Case Appraisal

Case Appraisals are not legally binding, but they usually have a wonderfully clarifying effect on people’s thinking.  These new perceptions (reality checks) often encourage parties to have another go at negotiating a solution, perhaps with the help of an independent mediator, or even with the Appraiser's help.

This process is quick and economical.  The main benefit lies in its stunning ability to bring matters to a head – realistically and very quickly.  Most appraisals proceed to a rapid conclusion - saving the parties substantial fees, costs, time and stress.