This document discusses the challenges that law firms face in maintaining positive relationships with clients while also providing robust legal opinions and assessments of claim validity. It notes that research has found differences in expectations of service quality between law firms and clients. It also discusses the importance of assessing the reliability and validity of evidence in claims, as well as maintaining impartiality. Finally, it emphasizes that building effective relationships between law firms, clients, and courts through collaboration and trust is essential for a high quality civil claims process.

1. esearch and anecdotal evidence typically indicate that
it is difficult to maintain positive connections between
law firms and their clients. At the same time, there is,
quite rightly, pressure on lawyers and the experts they instruct to
provide robust opinions that include assessment of claim validity
and reliability. Being equally fair to a claimant and ‘the court’ is the
ever-present search for “keeping our moral compass”, discussed in
an earlier editorial (June, 2016).
Research by Lexis Nexis found significant differences in
expectations of service quality and advice given between law
firms and their clients, with key quality issues surrounding cost of
good service, visibility and accessibility, and, overall, a desire for
and expectation of greater process improvement. This is especially
relevant at times of new market entrants with more aggressive
pricing and business models, and requires a Total Quality approach
to service, which can increase productivity and client engagement
(April, 2017).
At the same time, the building of any one particular claim requires
significant focus on the reliability and validity on the ‘facts’ and
evidence, especially scientific evidence. Practitioner research into
how credibility and truthfulness are assessed is essential both at
R
Being Fair to Claimants and the Court
Equally Addressing Customer Responsiveness and Claim Validity
expert witness level (e.g. obtaining claimant data and arriving at
a robust expert opinion) and judicial decision-making levels (e.g.
how do judges manage impartiality when faced with problematic
claimant presentation?). Several universities are supporting these
types of academic and practitioner research both in the UK
(Birmingham City; Portsmouth), Europe (Stockholm University)
and North America (Regina University, Canada).
The ‘connect’ between law firms and the court, on the one hand, and
the claimant, on the other, is a complex dual partnership with a need
to maintain a pragmatic ‘visibility’ both internally and externally for
all work done. Time spent building effective relationships between
law firms, clients, and the court continue to be essential and require
support from researchers and all practitioners to increase satisfaction
and coherence in a complex field.
Collaboration and trust between internal and external parties builds
up effective relationships, improves service and reinforces the high
quality civil claims process that currently exists in the UK.
Dr Hugh Koch, Clinical Psychologist and Director, Hugh Koch Associates
and Visiting Professor to School of Law, University of Stockholm.
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