Disclosure in Legal Proceedings


Disclosure in Legal ProceedingsA summary of the rules of disclosure and an update on the expanding use of electronic disclosure

This is the fifth article in a series focusing on specialist skills and knowledge in civil litigation. We have previously considered the skills needed to prepare court bundles (February 2009); without prejudice correspondence (March 2010); pre-action protocols (June 2010); and legal costs in litigation (August 2010).

When we considered pre-action protocols it was noted that any case rests on the evidence. In particular, the importance of exchanging evidence early was highlighted. What was not considered was exactly how parties disclose evidence.

Parties usually have to disclose information in the following circumstances:

Confidentiality: A Serious Business


ConfidentialityWe live in an era when freedom of information is being vigorously pursued by all and sundry. Though we might have constitutional rights to demand certain information, sometimes we won’t so easily have access to this information. Just as we need access to certain information, people also have their reasons for needing confidentiality and their rights to such cannot be violated. According to the International Organization for Standardisation (ISO), confidentiality is simply “ensuring that information is accessible only to those authorised to have access.” Conversely, information lacks confidentiality to the extent that it is available or when it is disclosed to unauthorized persons or processes.

Strategies to Use Your Memory Efficiently


Using MemoryWhy do we need a memory? At its most basic level, our memory is there so that we do not need to relearn things; to take examples from early life, things such as learning how to walk, talk, read, write, ride a bicycle, etc. At a broader level, the memory’s function is to allow us to access relevant and accurate information at the right time. To access relevant information, research has shown that we are more likely to remember important things by writing them down and leaving our memory the job of knowing where the information is written down rather than burdening it with holding all the details in the immediate recall section of the memory stores. In other words, using tools both to jog our memory and to provide the full detail needed.

Dealing With People


Dealing with peopleThe good Legal Secretary is well liked. Visitors to the office recall your courteous, cheerful manner, your intelligent considerateness and your smile. Fellow employees value your helpful cooperation and the little favours you are able to grant them. As for your employer, he depends on you in a hundred different ways, not only in business dealings but sometimes in social matters as well. It is part of your job to create a good impression and to establish and maintain friendly relations. Your corner of the office shows a touch of colour, literally as well as figuratively.

Taking Control in Litigation: A Review of Legal Costs


Taking control in LitigationWe last considered the subject of costs in an article published in November 2007. At that time, we considered what requirements had to be followed by a firm to ensure that they were complying with the (then new) Solicitors’ Code of Conduct 2007. The most important part of the Code for costs is the rules that require clients to be given clear and accurate cost quotes and estimates. Most law-firm staff will have come to grips with the Code long ago, but new changes are pending that will further regulate this area of legal costs.   These changes are based on the recommendations of Lord Justice Jackson, who has spent more than a year creating a weighty, 663 page report

Rapid and Effective Reading


How many times have you had to reread the last page or so to catch what you didn’t take in? The best way to learn the skills and to practise them in timed sessions is on our very successful half-day course. You will see amazing results!

In the meantime, and so you don’t just go through the motions", here are ten tips to help you read more quickly and effectively.

How to Find Meaning in Your Work


You have days when there just seems no point to what you’re doing – where it all feels futile or meaningless. Your motivation is low, yet the work still needs to be done.

Whatever your situation, here’s how to find meaning in your work, and to get your motivation back.

Think about your values

What’s truly important to you? Maybe it’s your family, your health, or your career. Maybe it’s simply having the time to enjoy yourself and do things that you love.

Using To-Do List Applications


To Do ListsTo-do lists are a great way of increasing productivity. It’s easy to become overwhelmed by the tasks we have to do during the course of a week, but we can eliminate stress by creating achievable goals. If you take the time to write down the tasks you need to complete, you will find that the list will help you to put your workload in perspective and keep the end in sight.

Here are some tips on creating to-do lists to make your workload more manageable:

1. Be realistic. Set achievable outcomes for each day and don’t put too much on your list.

Speak Volumes Silently


Speak Volumes SilentlyHave you ever been told you can be ‘read like a book’? Are you aware when your body language is ‘leaking’, or giving you away? Words are only a very small part of communication: while you are saying the words, your body is speaking volumes! Sometimes, you don’t even have to say anything: your face or body language will have said it for you! So, if you want to make sure you send all your messages in the way you intend them, here are the top ten tips to help you: