I lead ESA Risk’s Operations team which specialises in litigation support assignments, such as people and asset tracing, eDiscovery, process serving and field enquiries.

Based on a decade of receiving, interpreting and actioning clients’ instructions, I’ve created this guide to help you get the most out of your litigation support services.

Below I provide a detailed overview of how best to instruct your litigation support firm, ensuring the best use of your time and resources.

Selecting the right partner

In the realm of litigation support, not all services are created equal. Choosing a litigation support partner should be guided by a thorough evaluation of their expertise, experience, and technological capabilities.

A partner with a proven track record of success across a diverse portfolio of legal challenges, guarantees that your organisation remains positioned for success.

Understanding your needs and objectives

Whether you are navigating complex international litigation, require intricate investigative work and intelligence, or are in need of robust eDiscovery capabilities, the first step is helping your litigation support partner understand the specific requirements of your case.

The more information provided at the outset, the more streamlined the process.

Background information

Background information – no matter how seemingly trivial – often helps us to discover intelligence that adds value to your case and produces the desired outcome.

I recommend providing as much background as possible when requesting a quote from or instructing a litigation support provider.

The type of information required (/desired) varies depending on the service.

For investigative services, such as people tracing and asset tracing, we request the full name, date of birth and last-known address of each subject. Information about a subject’s family members or associates, social media accounts, company appointments, property ownership, trading addresses and websites are all extremely useful, if available.

In my experience, the more touchpoints given, the higher the chance of a successful result, plus it assists in understanding what information is already known to prevent irrelevant searches Still, I’ve worked with a lot less, even locating an individual with just a partial name and a possible location!

This differs for process serving and surveillance, where the subject’s date of birth is not necessarily useful, but an address is a must. In these cases, providing us with a photo and/or description of the subject is always helpful, too.

Reason or aim of the instruction

In all cases, a litigation support firm will need to know the reason behind your request. In part, this information is required for lawful data processing, and it will also help your litigation support team to confirm the best course of action. For instance, if an Order needs to be personally served on an individual, a desktop trace might not be enough – confirmation of residency via discreet human-source intelligence enquiries could bolster the investigation and give you further confidence in the information uncovered.

Timescales

Tell us what your deadline is and why the assignment needs to be completed by that date. The knowledge that there is a court deadline that must be adhered to, or the case is time-sensitive for other reasons, will allow your litigation support service provider to work with you to achieve the required result within the allocated timeframe.

Claim amount

For investigations that necessitate asset tracing, where there is a claim against an individual, knowing the amount will allow your litigation support partner to understand how detailed your client might need the investigation to be.

A claim amount of £10,000 will likely not require an in-depth investigation, as this could be recovered from identifying a single asset. However, if the claim amount is £10m, more assets would need to be identified.

In my experience, individuals being investigated in relation to higher-value claims are more likely to have more complicated business, property and social links, and be more skilled at concealing assets. As a result, these cases usually require more time and effort.

Budget

At ESA Risk, we tailor our fees to suit your requirements and can provide a bespoke service based on your budget. Providing your litigation support firm with a budget means you get an overview of the type of steps that can be undertaken inside the allotted fee.

Ongoing communication and collaboration

I know the dynamics of litigation demand flexibility, responsiveness and continual potential adjustment of strategies. As such, establishing a framework for ongoing communication and collaboration with your litigation support partner is essential.

At ESA Risk, we always emphasise the importance of a collaborative approach, ensuring that you are informed, engaged and in control at every stage of the litigation process.

By understanding your needs, selecting the right partner, instructing in detail, and establishing a framework for ongoing collaboration, you stand to gain the most from litigation support services.

Elevate your litigation support

At ESA Risk, we are committed to providing you with the insight, expertise, and support needed to navigate your legal challenges confidently.

We provide a wide variety of litigation support services, including people and asset tracing, process serving, digital forensics (eDiscovery) and surveillance.

For further details of these services or to instruct us on a matter, contact us at advice@esarisk.com, on +44 (0)343 515 8686, or via our contact form.

Engage us today to experience how our consultative, tailored approach to litigation support can transform your legal challenges into victories.