5 guidelines for a successful litigation | How to conduct a trial successfully. In our article, we briefly discuss the issues that should be presented or addressed in a successful trial.
Jurists, lawyers, advocates and licensed lawyers handle, i.e. run, cases in court or other legal institutions. Litigation can encompass various types of matters, including subpoenas, administrative issues, appeals, applications for leave to appeal, additional appeals, or arbitration proceedings. In all these cases, the following issues should be considered to successfully represent the client’s interests.
When pursuing a case, especially in civil disputes and trials, it’s crucial to have a clear understanding of the legal issues at stake.
Incorrectly perceiving the disagreement or legal problem can lead to flawed legal proceedings, making it difficult or impossible to meet the burden of proof and ultimately failing to represent the client effectively. Thus, it’s essential to focus on the legal foundation of the case and regularly revisit it during the course of the litigation.
It is advisable to regularly review the general doctrines of the law and their effective implementation in the trial process. This practice leads to the successful application of jurisprudence, resulting in a favorable resolution for the principal. The jurisprudence of the case determines the pertinent facts in the individual case.
Issues that require thorough examination include, but are not limited to, the burden of proof, i.e., which facts are and should be relied upon in the case, identifying the party with the burden of proof, establishing the necessary proof for contentious facts, and determining which alternative grounds of action are excluded, i.e., those that can no longer be invoked. Properly conducting a comprehensive legal analysis of each issue is time-consuming but essential.
Litigation is not an exercise in abstract legal theory; it involves specific cases discussed in court.
To succeed, it’s imperative to understand the intricacies of the case and its broader context. For each case, relevant facts, legal principles, and industry practices should be presented to the court. Explaining the rationale behind rules and principles and their historical background is crucial. Thoroughly reviewing industry practices and principles is essential, emphasizing a comprehensive understanding of the entire case.
The legal precedents set for an individual case must be accurate from the outset since the case unfolds based on this foundation. However, it’s possible that jurisprudence may not take center stage immediately. Sometimes, the focus may shift to evidence-related questions, with a more detailed examination of jurisprudence occurring later in the appeals process.
Therefore, the jurisprudence should be solidly established from the beginning, reflecting how the case was initially presented and argued in court. A solid grasp of fundamental legal doctrines and language is often sufficient for this purpose.
Selecting the right lawyer requires careful consideration. When making your choice, remember to:
Read more about the subject in our article 4 GUIDELINES FOR CHOOSING A BUSINESS LAWYER | THIS IS HOW YOU AVOID THE PITFALL.
Our expert in the subject area is Oscari Seppälä.
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** The article is for information and not as a legal advice.