Law firms involved in disaster litigation should appoint a lead firm to represent claimants and co-operate with defendant firms to avoid the lengthy and expensive actions seen in the Paddington and Potters Bar rail accidents, according to recently released guidance.
Guidelines launched this week by the Law Society - which has a coordinating role in such actions - warn law firms against cold-calling for business or making statements to the media in the aftermath of a disaster.
Recommendations include improving communication between the parties by setting a timetable for exchange of information and imposing standards for the content of correspondence.
Claimant firms are advised to appoint a lead firm or steering committee of firms which will be responsible for liaising with the defence.
The parties should consider setting up a joint panel of medical experts for the claimants and defence, it says.
It reminds claimant firms of their obligations to co-operate with inquiries and advises them to find a joint approach to costs.
Law Society chief executive Janet Paraskeva said: 'The sensitive nature of this work means solicitors must work closely together to represent all those involved and their families...
Many of those involved in Paddington and Potters Bar are still waiting for justice because of ongoing policy enquiries.
We want to ensure that the legal system does not add to the pain of those who have already suffered.'
Speaking in a personal capacity, Geraldine McCool, a partner at Leigh Day & Co in Manchester who specialises in claimant air crash work, said: 'I am surprised that the guidelines [have to] warn against cold calling by solicitors.
If there were any solicitors carrying out this type of activity I would know about it.
'From my own experience, I have found that different families of victims do often get together and actually run beauty parades to choose their law firms.
They are very switched-on clients.'
Rachel Rothwell
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