Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative (be it a solicitor, union, industrial agent, etc.) is a major factor in how employee litigation runs.
Many representatives and firms in the employment market have a well-worn modus operandi. As practitioners, the more clearly we can identify and define the patterns, and develop tactics to anticipate and overcome them, the better the outcome that we can achieve for our client. For example, the tactics typically utilised by a high volume, fixed-fee employee litigation firm (which we refer to as "The Juggler") will be different from a firm that seeks to put pressure on an employer by damaging the corporate brand through the litigation process ("The Celebrity").
A good battle plan should consider game play of not only your opponent, but also their representative. Assessing the state of play early in the litigation may deliver invaluable insights into how your opponent is likely to run.
Our firm has recently published a paper titled 'The Art of Law' which explores the six most common litigation models and how to deal with them.
You can download your copy of The Art of Law here.
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I very much hope you enjoy reading the paper and the unique insights it provides.
You can pre-register here for an exclusive round-table get together to discuss the modern employment litigation tactics explored in the paper. More details will follow.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.