We are a firm with invaluable skills and knowledge in commercial litigation especially in the complex area of insolvency. This is an area which can be especially challenging to insolvency practitioners, as well as companies and their directors. We provide commercial assessments in the area of Pre-Litigation Risk Analysis and evaluate on the prospects of success/recovery and where relevant refer our clients to the appropriate professionals.
What is Risk Analysis?
Risk analysis is a review and analytical process that includes identifying and quantifying uncertainties, estimating their impact on outcomes that may be sought, building a risk analysis review that expresses these elements in quantitative form, exploring these opinions through simulation and sensitivity analysis, and making risk management decisions that can help avoid, mitigate, or otherwise deal with risk.
In regard to possible litigation, risk analysis is the process of identifying and analysing potential issues that could negatively impact the outcome and help organisations avoid or mitigate those risks.
In brief, a litigation risk assessment is intended to provide our clients with an early, concise evaluation of the risks and costs associated with a particular piece of litigation - whether a plaintiff case or a defence case.
Litigation Risk Assessment
Statistics show that over 95% of civil litigation cases settle. Many settle after a very expensive process leading up to the matter being heard in Court. Many times the parties would have had the opportunity to resolve the dispute without incurring much of this expense.
Litigants often can achieve better resolutions earlier, and dramatically reduce litigation expenses, through a rigorous early evaluation. Such a use of a structured approach for evaluating possible legal matters – litigation risk assessment – is the key to this process.Pre-litigation begins even before the Court process starts and attempts to resolve the case before it goes to Court.
What are the benefits of Pre-litigation?
What is Mediation?
The pre-litigation process often includes mediation to save time and money for all involved parties. An unbiased third party helps the plaintiff and defendant resolve their differences and reach an agreement, specifically financial. Most Courts have a mediation department; in other cases, the magistrate/judge may refer the parties to a mediator as part of the pre-litigation process. This quickly growing method of pre-litigation can then act as a binding resolution in Court.
Colin Seeger B.Juris, LL.B, Partner & Senior Counsel is highly experienced in commercial litigation, insolvency, contract negotiations, risks assessments and mediations and for over 40 years has provided commercial advice to a range of businesses and ventures which not only include accountancy firms and law practices but also to large corporations including television networks, and international sporting events.
From 1984 to 1990, he was Corporate Counsel and head of Legal & Business for Polygram Australia (now Universal Music), overseeing the Group’s legal work for the recording, home video and publishing divisions. This work included managing complex deal negotiations with groups such as the TV and radio industries.
Colin then became co-partner in Simpsons Solicitors, where amongst other areas he specialised in commercial transaction law. Clients included The Wiggles, Polygram Records (now Universal Music Group), Warner Music Publishing and MCA Music Publishing. In 1998 he sold his half of the practice to establish a specialist commercial advice consultancy.
Colin has also been a part time law lecturer in graduate degree courses, teaching commercial and business management subjects including intellectual property law, media law, cross-border money management and venture structuring.
In addition Colin was a sitting Member on the Ethics Committee for the Law Society of New South Wales.
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Saturday: By appointment