Paul Folino-Gallo, Barrister at Law

Effective dispute resolution is about more than understanding the law; it requires meticulous preparation and deep insight into how Courts come to a decision in any given case. Communication is key. So too is ensuring that strategic decisions are carefully thought through to ensure that the case is presented to the Court in a way that is both expedient and most favourable to the client.

Cases are often won and lost well before proceedings are commenced. The way that risk is managed at the outset of a dispute, sometimes before a cause of action has arisen, is critical and will often shape the way that any dispute resolution process plays out.

Litigation is risky, time-consuming and expensive. The consequences of judgmental errors by counsel can be costly for solicitors and their clients as well as an unnecessary burden on an already overloaded justice system.

It is important that counsel is experienced so that the strategic decisions are correctly made on the basis of predictions that are founded on a wealth of experience. Decisions about how a case is to be pleaded, the value of a case, whether to enter into settlement negotiations, whether to accept an offer or proceed to trial are crucial to the outcome of the dispute resolution process. These professional judgments by counsel are influential in shaping the case and the mechanisms selected to resolve them. Client’s choices and outcomes therefore depend upon the abilities of counsel to make accurate forecasts concerning case outcomes.

Counsel who advises clients to pursue litigation without delivering a successful outcome will not have clients for long. Likewise, a client will be most satisfied with a client who is accurate and realistic when detailing the potential outcomes of a case.

Cases Run
Years of experience

I have over ten years of experience at the bar. In this time, I have run hundreds of cases before Courts and Tribunals in most states and jurisdictions within Australia. Through this experience, I have honed my abilities to ensure that complex strategic decisions are made quickly to ensure that forensic advantages are seized. I also understand the importance of communication. This is not limited to communicating with the Judges of each Court, but also with solicitors and clients. It is important that you understand the journey that you are embarking upon and that you are constantly informed as to how your matter is progressing and any challenges that may emerge.

I have a sound knowledge of court procedure and the rules of evidence. I am an experienced cross-examiner and am across emerging techniques from around the world to ensure that I am as effective as I can be in the courtroom. Similarly, I have read a great body of work directed to effective negotiation and strategy so that I can ensure that my clients enjoy the very best representation in settlement conferences and mediations. The techniques I have learnt have been deployed in trials and mediations in which I have appeared to the advantage of my clients. My work is always imbued with a sound business acumen and an awareness of the commercial need for efficiency in litigation.