I Ask the Questions Other People Do Not Ask - Thinking In 3D


Would you rather be aware of an issue in your client’s case as early as possible or as late as possible?


Given the challenges that personal injury practices are faced with these days it does not take much to imagine fee earners fighting to keep on top of their case load. Answering calls, responding to emails, drafting Court documentation, just to make sure that everything keeps pointing in the right direction.


There is that witness statement that needs to be done though. They know it will put them behind on everything else just to get it done and out the door. Sometimes it is even given to the secretaries to do.


The problem with this mindset is that it gives them no time to take stock of the case and evaluate where it is and what potential pitfalls there are. There is the temptation to just get the facts down on paper and pull it into a witness statement. The subconscious is telling them to rush. 


The benefit of what I do it that I have time to look at the claim with a ‘fresh pair of eyes.’ I have the space to be able to look at the claim from a different angle. During the statement taking in most instances it may be prudent to take answers at face value, however sometimes an answer can lead to other more searching questions that may not be immediately obvious. 


I may not ask the probing questions straight away as this could lead to suspicion but I will park the thought until later in the interview. I can then investigate their answer further and why they said it. This helps me build up a picture in relation to whether they are a credible witness.


In a modern practice setting gaining a feel for the case can be lost to the cause of productivity, which is ultimately uneconomic.


Using my services helps deal with difficult avenues at an early stage so that they do not become apparent later on after you have invested time and money into the claim.


That is the value of using an expert to draft the witness statements. 

21st September 2020

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