What are you most afraid to lose?

What do you really think of your lawyer? Do you think they can be too cautious? Or that they’re too constrained by the rules of procedure? And, hand on heart, do you trust that they always put your needs first?

In my experience, many people are a little intimidated by their lawyer and so do as they say, without question. As a result, they’re likely to incur unnecessary costs and lose sight of the risks involved in pursuing their case through the courts.

Because, without doubt, there are some disputes that should never get as far as the courts. For example, the Post Office ended up in court over a row with 50 of its postmasters. The case ended in a £58m award against the PO on top of £23m in costs – all over an IT glitch. And then there’s the recent tale of the golf club that tried to expel a member because of a clash over fees. It cost the club £500,000 – and the member stayed.

That’s not to say the courts don’t have their place. They do: a place of last resort. And across the world we’re waking up to this. Globally mediation is being used more and more. Likewise, arbitration is growing fast. Asia is combining the two to create the hybrid med/arb. In New York mediation is presumptive. And mandatory mediation is on the agenda in the UK.


The Moot Route™

Our job at Moot Hill is to help our clients find the most suitable route to reach a lasting settlement. We’re not simply an alternative to lawyers. What we offer is something completely different.

We’re your task force. Your specialist project team with the knowhow and experience to help you secure the best, most cost-effective, long-term outcome. We’re here to help you win, on your terms.

Another trait of lawyers is that they can be motivated by their billing targets rather than their client’s outcome. So going to court is in their best interests. Because, unlike their clients, they get paid, win or lose.

Knowing all this, why are so many people prepared to listen to their lawyer and suffer the costs and risks involved in going down the court route?


What you have, you can lose

In my view, we should look for the loss in each situation we come across. Fear of loss is the single biggest driver of human behavior. As such, it’s a stronger motivator than wish for gain. And it applies equally whether you fear losing cash, face or a relationship you value.

Here at Moot Hill, we’re not well-known in C-suites. We’re not Mishcon de Reya or Eversheds. As far as I know, no one has ever said, ‘Call in Pritchard and Linnell!’ Which means we work harder to distinguish ourselves.

We offer no guarantees.

But we do have the skills, experience and resources to take on your case and win, on terms that are in your best interests.

In more than 70% of cases, that’s exactly what we do.

To find out more visit our website or call us on +44 (0)20 3287 2802.

After all, what have you got to lose?


This article first appeared as a speech given by Mark Linnell, Director of Moot Hill Ltd. to a Moot gathering, Cavalry Club, London 28th January 2020



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