With more than 15 years of working experience as counsel, funder and tribunal secretary, I have come across a multitude of cases where clients are underserved by their lawyers or the legal process. These are recurrent, avoidable situations where RBC can help bring value to clients.
Situations where RBC helped:
- Convincing a client to litigate and collect monies: An Asian hotel company obtained a favorable final arbitral award in a commercial dispute but was wary of initiating enforcement proceedings in a reputedly difficult, and unpredictable jurisdiction. Following legal research, clear communications and the hiring of local competent counsel, a plan was designed to launch an enforcement action that eventually led to a large settlement payment. And it was completed in about half the usual estimated time.
- Convincing a client to stop litigating and avoid unnecessary expenses and potential costs sanctions: RBC advised a wealthy self-represented party – a fraud victim in a large infrastructure project – in identifying the appropriate jurisdiction to obtain crucially important information for the success of his case and significant savings.
- Choosing the right lawyers for the case: As an independent operator, this is something we do on a regular basis for all types of disputes, not only commercial. This is thanks to our experience of continuously reviewing an unusually large number of cases as a consultant and funder over a long period of time. Choosing the right lawyer often has significant consequences on costs and on the the overall outcome.
Potential Situations RBC can help you avoid
- In-house counsel and external counsel choosing the wrong co-arbitrator resulting in unfavorable and costly outcome.
- Lawyers unskilled in getting funding for their case: some firms present case investment packages for funding purposes but issue legal memoranda and answers that are incomplete or unreliable, resulting in delays and unexpected costs for their clients.
- Lawyers doing unnecessary work, at a high price: we see too often large teams of lawyers engaging in legally unnecessary or duplicate work, or participating in calls and meetings where one or two lawyers would be enough.
- Incurring unnecessary expenses: clients sometimes seek expensive legal opinions of ‘star’ lawyers or professors, only to realize at a later point that the star had little time and inclination to spend on their case, or that the advice was unduly optimistic. Experience, inside information and independent advice would lead to a much better allocation of resources.
In all these situations, RBC would help you form a realistic view of your case and practical options. Crucially, we would help you avoid common pitfalls that lead clients to having disappointing litigation experiences and results.