How we work

Read about our specialised, integrated service offerings.

Sewell & Kettle Lawyers - how we work

How do we work? What can you expect?

We devote our practice to insolvency and commercial litigation, restructuring advice and portfolio or complex debt recovery. Our specialised, integrated service offerings allow us to pursue aggressive and creative solutions to clients’ underlying problems, whether they are legal, financial, commercial or reputational.

How We Work – explained

Firm Principal Ben Sewell takes you through an explanation of how we work and the scope of our offerings

How We Work

Our integrated offerings are important because they ensure we are able to give complete legal services to insolvent clients (including legal work ancillary to our core areas) and fixed pricing.

Our clients have complete flexibility to terminate the retainer without penalty at any time. Our firm offers this guarantee because we are confident about the quality of our services and value to our clients.

Strategy development essentials we use:

BATNA: The best alternative to a negotiated agreement.

Liquidation downside: Claims directors face post-liquidation from liquidator and/or creditors.

Enforcement process analysis: The selection of the jurisdiction, instrument or insolvency process to achieve claim monetisation.

SWOT: Strengths, weaknesses, opportunities and threats.

Restructuring options: Options for a business owner to restructure their business through safe harbour reorganisation, pre-pack insolvency arrangement or voluntary administration.

Claim monetisation: Maximising value from claims through analysis, asset recovery, negotiation, litigation and judgment enforcement.

Court representation

Scope: Represent clients as advocates and analysts in insolvency and commercial litigation proceedings.

Optimal fee structure: Fee for service.

Timeframe of engagement: 1-12 months – determined by Court and influenced by parties.

Objective: BATNA.

Professional team: Principal and Lawyer, barrister engaged near trial.

Restructuring advice

Scope: Selection and execution of restructuring options.

Optimal fee structure: Fixed fee payable monthly.

Timeframe of engagement: 3-6 months.

Objective: SWOT taking into account liquidation downsides.

Professional team: Principal and Financial Accountant.

Debt recovery

Scope: Claim monetisation.

Optimal fee structure: Commission (mercantile agent) and fee for service (legal).

Timeframe of engagement: 1-12 months.

Objectives: Value maximization.

Professional team: Principal and Analyst.

Integrated offerings:

Sewell & Kettle is the only firm that prefers engagements that are not disaggregated for insolvency clients. We have a strong track record on both the offensive (claim monetisation) and defensive (claim dilution) end, allowing us to devise and anticipate strategies on both sides of the problem. If a client faces insolvency, our firm represents them in litigation, develops a strategy regarding restructuring options and also handles ancillary legal issues they face. The benefit to clients is integrated services and a set budget for the cost of legal services.

Scope: Combination of services including Court representation, restructuring advice and debt recovery.

Optimal fee structure: Fixed fee payable monthly.

Timeframe of engagement: 3-12 months.

Objectives: Combination of strategy development essentials set out above.

Professional team: Principal, Financial Accountant, Lawyer and Analyst.