1 Dalby Ct, Helensvale QLD 4212

Mobile: 0404 848 892 email: Michael@mcdevitt.com.au

Areas of Expertise

Personal Injury

Senior Solicitor – Candidate Summary

Experience & Passion

With in excess of 30 years practicing in personal injuries and with the flair and passion I have for the personal injuries area of the law, I wish to find a firm that can fully utilise my vast experience as an Accredited Specialist and will allow me to promote the interests of both my employer and our clients in order to achieve the best possible outcome in the circumstances then existing. My goal has always been to contribute positively to the firm's brand positioning and assist in elevating the firm to be the first choice for personal injury claims.

Over my years of practice, I have not only acted on behalf of claimants in respect of claims for damages resulting from motor vehicle accidents, work related injuries and in public liability claims, but have also acted on behalf of defendant insurance companies, in particular WorkCover Queensland. I also have had considerable experience in respect of TPD applications, as well as medical negligence.

I have had the sole conduct of files and have personally undertaken all aspects in respect of the preparation of the files and all interlocutory steps, assessing liability and quantum, as well as appearing in mediations and settlement conferences. I have also been responsible for training and supervising articled law clerks/trainee solicitors and mentoring junior solicitors.

During the vast majority of my practice I have had sole conduct of files relating to TPD applications and files in the WorkCover, motor vehicle and public liability areas - mostly in the District Court and Supreme Court jurisdictions undertaking all aspects of the preparation of the files, including:

• taking initial enquiries from, and vetting, prospective clients;

• carrying out the initial interviews;

• drafting the required Notices;

• undertaking all interlocutory steps;

• undertaking disclosure;

• the preparation of liability and quantum advices;

• organising medico-legal and other expert reports;

• taking proofs of evidence;

• appearing in mediations and settlement conferences both with, and without Counsel;

• drawing pleadings, various interlocutory applications and applications in respect of the extension of limitation periods.

Over the years, I have also appeared numerous times before the (WorkCover) Medical Assessment Tribunal with my clients.

I have also appeared at trial, without Counsel where the circumstances have warranted it.

I have a thorough working knowledge of each of the Uniform Civil Procedure Rules, the Workers’ Compensation and Rehabilitation Act, the Motor Accident Insurance Act, the Personal Injuries Proceedings Act, the Civil Liability Act, the Insurance Contracts Act and the Superannuation Industry Act, as well as in respect of the relevant associated Regulations. I ensure that I keep up to date with the continuously ongoing developments in each of these areas of the law and attend seminars and conferences, which is also an ongoing requirement of my specialist accreditation.My experience in acting for both claimants and defendant insurers has given me a valuable insight in how the opposing solicitors conduct their cases and how to do "counter" their arguments. Maturity & Confidence to deal with others Over the years, I have dealt with many thousands of clients and find that I am able to communicate with the vast majority at their level and am able to build an excellent rapport with them. As a result of my vast experience, seniority, and general "life experience" I have developed the confidence and ability to manage even the most "difficult" clients and the most "extreme" circumstances - clients who have threatened/ attempted to commit suicide, families of deceased clients, older/infirm clients, clients with catastrophic injuries including multiple amputations and brain damage, terminally ill clients, advising clients where they have no potentially viable claim etc. I have developed an empathy towards these clients and am aware of my responsibility to assist them and to ensure that any entitlement which they may receive is maximized. I have not only prepared for, and briefed Counsel during trials, but I have also acted as counsel. I have also been able to have always been able to develop a good working relationship with the barristers whom I have briefed – including the most senior within the personal injuries field.I am used to being able to communicate effectively with any professionals in various industries and fields.MentoringI have always worked in a team environment with the knowledge that every member of the team is as important as the other and that a claim cannot be successfully pursued without the same. I have supervised and mentored numerous articled law clerks, junior solicitors and paralegals and have always had an "open door'' policy with them. Essentially we are all part of the same team and that such an approach will not only benefit them and my firm but also our present and future clients. I have always taken the view that there is a lot more that is required of a good solicitor than is taught at law school, which can only be learned from practice, being properly mentored, not to mention the valuable “life experience” that can only be learned with maturity.In this respect, I am of the firm belief that it is not only important to "teach" more junior team members and more junior solicitors the procedural steps required to be taken in pursuing a claim, but to "mentor'' them; allowing them to understand the reasons decisions/steps are taken, and to assist them in reaching an opinion, rather than simply telling them the answer. I have always had wonderful professional business relationships with the paralegals and administrative staff who have assisted me in previous roles. Without them, I would be unable to complete my work on a daily basis. I encourage support staff to ask questions and openly communicate about the work we are doing together; they are an extremely important part of the team.Ability to communicate effectively with experts in multiple fields and engage in robust settlement negotiations I have lost count of the number of settlement conferences and mediations in which I have participated over the years, both with and without counsel, with a very high rate of success. I have developed a reputation with the insurers and other solicitors with whom I have dealt with over the years of being thorough in the preparation and presentation of my clients’ claims, and of being “tough” but “fair”, at the same time as earning their respect.

Demystifying the legal process to clients

Whilst I am extremely professional in the manner in which I handle my files and meticulous in their preparation, I also take a “common-sense approach” to litigation. I am sensitive to the needs of my clients and understand that for the majority of them, they have only had limited experience with the law previously. For this reason, I recognize the needs of my clients and attempt to put them at ease as much as possible at the same time as attempting to remove the mystique surrounding personal injuries claims by explaining the relevant procedures in plain English.

I am also acutely aware of the costs associated with any litigation and I attempt to minimize the costs where possible for my clients. To this extent, I always attempt to negotiate settlements where possible, but at the same time keeping my client’s interests as my number one priority, but proceed to court should the need arise.

Commercial responsibility

I am very conscious of the fact that a law firm is in business to make a profit and that I am an integral part of that process. My decisions are based on what is good for the client as well as what is appropriate for the firm in terms of time spent vs remuneration gained. My files are monitored carefully and I make sure that they are kept meticulously and all time accounted for and billed out. I do not undertake work which will not be commercially viable for the firm.