Downturn in sector brings upturn for resolution firms

That’s the view of commercial dispute specialist solicitor-advocate Alistair Dean, who founded his bespoke firm ADLP three years ago.

Affordability and the ability to strike a deal are both crucial factors in recessionary times, Dean believes.

He explains: “Lawyers have to be flexible, we have to be affordable and we have to be accessible. There is definitely a comeback for the art of dealmaking at a financial and business level which may have been neglected when cash was more readily obtainable.

“We have seen a dramatic rise in the number of cases we are being asked to raise as a result of recessionary pressures. There is not enough money flowing through the economy, banks are not lending, so more and more people are coming to lawyers like me to get paid.

“I very much enjoy appearing in court, but litigators appear in court far less often than most people would imagine. Statistics show that well over 95 per cent of cases settle at some stage so, in the main, the skill of the litigator is to know how to achieve a deal – that’s the way I see it.”

As well as direct business, Dean – whose firm is based in Melville Street, Edinburgh, – has also seen a rise in referrals from major legal practices: “In many cases other legal practices refer work to us, either because a conflict arises, or because they are not best placed to handle the work.

“We have relatively low overheads and we are happy to take on work which may be uneconomic if it was dealt with by the larger firms.

“The reality is that times are tough and money is not coming in the way it did before the recession. Cases that once may have stalled for a long period are suddenly more pressing. Legal firms need to get deals done to get money in the door and keep the wheels oiled.”

Dean has specific experience in handling contractual disputes and negligence claims, often within the construction sector, and says work in that arena has remained steady.

However, he says he has seen non-construction work grow significantly. The firm uses a wide range of dispute resolution methods, including adjudication, mediation, litigation and arbitration.

As a result of the pick-up in business, Dean has recruited two staff.

Michael Wells, who has worked with Blacklock Thorley and Morton Fraser during a 20-year legal career, joins as a partner, while renewable energy expert Mignonne Khazaka comes in as a consultant. She has ten years of experience specialising in drafting construction and renewable energy contracts, with stints at Tods Murray and Morton Fraser.

Khazaka is the founder of Green Investment Capital Limited, a company focused on raising finance for renewable energy projects.