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Why your litigation analysis is weak and what you should do about it

How deeper thinking, process, and some technology, can lead to better litigation results
Why your litigation analysis is weak and what you should do about it
Summary
Notes
Transcript
CPD

Jamie Gardiner believes that most lawyers' complex litigation analysis is weak so he set out to find a better way. Jamie believes that litigation tools can help lawyers and clients better understand litigation value and risk so that clients can optimize their litigation decisions. 

Peter Aprile and Natalie Worsfold talk to Jamie about the current structure, methodology, and thinking that underlie most litigation analysis and client reporting. The group discusses how lawyers can leverage technology and process (including risk and decision analysis and sensitivity analysis) to think deeper and deliver a more sophisticated analysis to predict outcomes better, and put clients in the best position.

Jamie Gardiner

Guest

Jamie Gardiner, CaseQuant

Jamie Gardiner specialises in cases combining legal and financial analysis.

On the legal side, Jamie has broad experience across commercial disputes. He particularly enjoys technical points of contractual / statutory interpretation – and finding them in factually ‘messy’ cases. From 2005-2007 he practised as a Barrister in London, so is able to advise on questions of English law.

On the financial side, he likes spreadsheets, cross-examining accountants and insolvency practitioners, complex corporate structures, quantifying loss, valuing companies and interrogating financial statements.

Jamie developed these skills as a Business Consultant. From 2007 to 2015, he worked (latterly as Director) in Accenture’s Trading, Investment and Optimisation team. He led projects in the energy, financial services and beverages sectors. His clients included BP, British Airways, Diageo and a major bank.

Peter Aprile

Host

Peter Aprile, Counter Tax Lawyers

Peter Aprile is a senior lawyer specializing in tax dispute resolution and litigation. His vision as Counter’s founder and his everyday role at the firm are one and the same: to be an agent of change, uncovering opportunities and developing strategies that achieve more than anyone expected. A creative thinker, Peter studies problems from all different angles to find what others have missed. He’s also convinced that he likes winning more than most people.

Different people describe Peter in different ways. At the CRA and the federal Department of Justice, the word relentless comes up quite a lot. Admittedly, so does the word a**hole – but it’s often said with a certain grudging respect, if not affection. Peter’s clients call him a saint. Well, some of them, anyway. His colleagues describe him as empowering and harddriving, but fair. Peter’s friends call him loyal. His wife describes him as a lot to deal with, but worth it. Peter encourages his young daughter and son to call him “The Big Homie,” though with limited success. His mother describes him with the single word mischievous – before going on to complain that he should call more.

Read Peter’s complete bio →

Natalie Worsfold

Host

Natalie Worsfold, Counter Tax Lawyers

Natalie is a tax lawyer who represents individual taxpayers and owner-managed businesses in disputes with the Canada Revenue Agency (CRA). She also successfully challenges CRA decisions denying taxpayer relief and helps facilitate applications under the Voluntary Disclosures Program.

But what you really need to know about Natalie is that she’s a tax litigator with heart. When she takes a case, it’s not out of technical interest – it’s because she cares. And if she believes the government has got something wrong, she won’t stop until it’s been put right. She’s fierce.

Natalie is the co-architect behind many of Counter’s process workflows, software and data analytics systems, as well as our comprehensive knowledgebase (loving named Hank). And when it comes to preparing cases, she’s Counter’s secret weapon – happiest when elbow-deep in evidence, meticulously building creative solutions to seemingly impossible problems. Because the fact is Natalie sees things that other people don’t.

Natalie’s family and friends describe her as loyal, selfless, understanding and fun. They also mention stubborn. To her Counter colleagues she’s a combination of stellar brainpower and contagious enthusiasm who elevates the game of everyone around her.

Read Natalie’s complete bio →

Point of View

Season 03, Episode 09

Why your litigation analysis is weak and what you should do about it

Guest: Jamie Gardiner
Season 03, Episode 08

How hourly billing is hurting your people and profit

Guest: John Chisholm
Season 03, Episode 07

What one litigator learned from launching a legal tech startup

Guest: Alma Asay
Season 03, Episode 06

The reasons why legal ops failed to change a BigLaw firm

Guest: John Grant
Season 03, Episode 05

Partnering with Millennials to build better law firms

Guest: Aly Haji
Season 03, Episode 04

Counter Tax Lawyers built a better law firm, for real

Guest: