In the practice of law, it is essential for legal practitioners to present only the necessary evidence to the Court, allowing the issue(s) at hand to be determined efficiently and effectively. However, some cases demonstrate a failure to adhere to this fundamental obligation, resulting in the Court being burdened with excessive and irrelevant material.
This blog post discusses the importance of presenting only the necessary evidence and highlights the consequences of failing to do so, drawing on the recent decision in Bevan v Bingham & Ors [2023] NSWSC 19.
The Importance of Presenting Necessary Evidence
As established in Bevan v Bingham, there is a fundamental obligation upon all legal practitioners to carefully consider and identify the evidence necessary to put before the Court to allow the issue(s) to be determined.
Failure to do so not only burdens the Court with unnecessary material, but also increases the costs incurred by all parties involved, as legal representatives are obliged to read through all the material presented.
In the case of Bevan v Bingham, the plaintiff's solicitor failed to discharge this obligation, resulting in the Court being presented with an excessive amount of material, much of which was ultimately deemed irrelevant.
The costs incurred in preparing and reviewing such material were significant, and, ironically, this occurred in a case concerning costs owed to a legal practitioner.
The Consequences of Failing to Present Only Necessary Evidence
The practice of presenting excessive and irrelevant material to the Court is not only unacceptable but can also lead to significant consequences for those involved.
As noted in Bevan v Bingham, one appropriate sanction in cases of excess is an order that no costs be recoverable from the losing party in respect of the excess and that no costs be recoverable by the solicitor from the client for the excessive copying.
In order to avoid such consequences, it is essential for legal practitioners to exercise clinical legal judgment and take responsibility for selecting the material to be presented to the Court.
This will not only ensure a more efficient and effective determination of the issues at hand but also help control the costs incurred by all parties.
Key take-aways
It is crucial for legal practitioners to adhere to the fundamental obligation of presenting only the necessary evidence to the Court.
Failing to do so can result in significant consequences, such as increased costs and potential sanctions.
By exercising clinical legal judgment and taking responsibility for selecting the material presented to the Court, legal practitioners can contribute to a more efficient and effective determination of the issues at hand, ultimately benefiting all parties involved.