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SA – Litigation – Civil – When acting for multiple defendants

avatarLEAP
A subsidiary data entry form or 'layout' entitled 'Role' has been attached to Plaintiff/Defendant/Applicant/Respondent/Third Party Cards to help determine who 'Our Client' is in circumstances where there are multiple parties in a matter. Acting for ONLY one Defendant If there is only one Defendant in the matter and they are your client, in the matter type you should choose the following: Client = Defendant Other Side = Plaintiff Other Side's Solicitor = Plaintiff's Solicitor Acting for multiple Defendants Acting for an individual Defendant or more than one Defendant, i.e.:
  • Multiple Defendants - you act for one Defendant who is not the First Defendant;
  • Multiple Defendants (e.g. three Defendants) - act for two of those Defendants (e.g. the Second and Third Defendants).
When setting up parties in the matter you would choose the following: Client = Client Other Side = Plaintiff Other Side's Solicitor= Plaintiff's Solicitors Once your matter is created, the 'Client' card will appear and you need to enter your Client(s) details. Important Note: You need to add 'Defendant' and 'Defendant's Solicitors' cards to your matter by Editing Table Types. Once these cards have been added and positioned in your matter, you will need to add ALL of the parties and their Solicitor(s) in the order they appear in the originating process. Once each Defendant(s) and Plaintiff(s) card details are entered, a subsidiary table called ‘Role' will appear. Choose Yes or No from the dropdown list next to ‘Is this your client?' Repeat this for each party. The diagram below shows ‘Peter Johnstone' has been entered as the 'Client' and again as 'Defendant 2'. You also need to enter your firm's details again in 'Defendant's Solicitor 2' card. You can add multiple clients. Acting for a Third Party The same rules apply for Third Parties (i.e. act for one or multiple Third Parties but not necessarily all Third Parties). The parties would be set up as follows: Client = Client Other Side = Defendant Other Side's Solicitor = Defendant's Solicitor Edit Table Types and add the following Tables and Cards: Plaintiff Plaintiff's Solicitor Third Party Third Party's Solicitor Add the Third Parties in the order they appear in the Third Party Notice (i.e. if your client is the Second Third Party, replicate the Client Card and ensure your Firm Details are added as the Second Third Party's Solicitor).

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Blog Article: SA – Litigation – Civil – When acting for multiple defendants