How It Works

Talk Legal does not conduct litigation and does not take over County Court litigation from the commencement of the claim and conduct all its procedural stages. Our Small Claims service principally begins when the case is approaching its final hearing. Normally there will already be a hearing date.

The client sends us the available pleadings, witness statements, court orders, correspondence and other relevant material. We consider those papers, advise upon the strengths and weaknesses of the case and prepare for the hearing.

1. 1

   Send the main papers

   Please send:

   • —the claim form and particulars of claim;
   • —the defence and any counterclaim;
   • —the notice of allocation;
   • —relevant court orders;
   • —the hearing notice;
   • —witness statements already prepared;
   • —expert evidence, if any;
   • —the principal documents relied upon by each side.

   Tell us whether you are the claimant or defendant, how much is claimed, the court and final-hearing date, any approaching deadline and your telephone number.

   Do not send original documents. If the papers are exceptionally extensive, contact us before uploading them.

   Send us as many of the relevant papers as you can. The more relevant papers we have, the better able we’re to assess your case. However, if you cannot find or obtain everything, do not let that stop you contacting us. Send us what you have and we’ll give our advice based upon the papers and information we receive.

2. 2

   Free assessment

   Every enquiry starts with a free assessment. We discuss what has happened, read the important documents and give you a considered view of the problem and the options. For a less intricate matter we aim to provide a detailed and comprehensive assessment; for a more intricate matter it will usually be a careful initial examination of the principal issues apparent from the information and papers available.

   Even where the initial examination is limited, we aim to make it useful: identifying the important points, explaining the uncertainties and showing what further analysis may be needed. The depth depends on the complexity of the matter and the material available, and the time we spend is discretionary. It does not create a retainer.

3. 3

   Discussion, decision and quotation

   If the matter may be suitable, we may arrange a telephone or video discussion. We then tell you whether further information is required, whether we advise against a paid review, or whether we’re willing to offer a defined service.

   The written quotation states what work is included, what remains your responsibility, the fee, payment arrangements, travel or other expenses and any important assumptions.

   No paid retainer begins until Talk Legal accepts the instruction in writing and you accept the terms.

4. 4

   Preparation

   We carry out the agreed work. Depending on the stage of the case, this may include analysing the pleadings and evidence, identifying missing material, helping organise the hearing documents, preparing questions and submissions, and discussing how the hearing is likely to proceed.

5. 5

   The final hearing

   Where representation is included, we attend with you and present the case as a lay representative, subject to the applicable rules and the judge's control.

   You will have to attend the hearing. Otherwise, it is likely that your advocate will not be able to address the judge. The court always has a final discretion as to who may address the court. However, as long as you attend, our advocate will normally be able to address the court on your behalf.

   If the hearing is adjourned, lasts longer than expected or changes materially, further work is not automatically included. Any additional fee must be agreed in writing.