5 GUIDELINES FOR A LITIGATION | HOW TO SUCCESSFULLY CONDUCT A LITIGATION

September 18, 2023 at 2:32 pm

5 guidelines for a successful litigation | How to conduct a trial successfully.

In this article, we briefly discuss the key issues that should be addressed to ensure a successful trial.

Jurists, lawyers, advocates and licensed lawyers handle cases in courts or other legal institutions. Litigation can involve various types of matters, including subpoenas, administrative issues, appeals, applications for leave to appeal, additional appeals, or arbitration proceedings. In all these scenarios, the following considerations are crucial to successfully representing a client’s interests.

Legal understanding of the matter | Clarifying the legal issues | 5 guidelines for a litigation

When pursuing a case, particularly in civil disputes and trials, it’s essential to have a thorough understanding of the legal issues at stake.

Misinterpreting the dispute or legal problem can lead to flawed litigation, making it difficult or impossible to meet the burden of proof and, ultimately, undermining effective client representation. Therefore, focusing on the legal foundation of the case and revisiting it regularly throughout the litigation process is critical.

Effective implementation of the jurisprudence of the case | Creating value for the client | 5 guidelines for a litigation

Regularly reviewing and applying general legal doctrines in the trial process is advisable. This practice leads to the effective application of legal principles, increasing the likelihood of a favorable outcome for the client. The doctrine applied to the case helps determine the key facts and legal issues relevant to the situation.

Key factors that require careful consideration include, but are not limited to, the burden of proof, identifying the facts relied upon, determining which party bears the burden of proof, and establishing the necessary evidence for disputed facts. Additionally, it’s important to identify any alternative grounds for action that may no longer be invoked. Conducting a thorough legal analysis of these issues may be time-consuming but is essential for successful litigation.

Understanding case details and context | Litigation is not abstract advocacy | 5 guidelines for a litigation

Litigation is not an exercise in abstract legal theory; it revolves around specific cases argued in court.

To succeed, it's vital to understand the finer details of the case and its broader context. Relevant facts, legal principles, and industry practices must be presented to the court in each case. Furthermore, explaining the rationale behind the rules and principles, along with their historical context, is critical. A comprehensive review of industry practices and principles helps ensure a deep understanding of the case as a whole.

Establishing the correct legal precedents early | Jurisprudence as a foundation | 5 guidelines for a litigation

Accurate legal precedents must be established from the outset, as the entire case will unfold based on this foundation. While jurisprudence may not take center stage immediately, the focus might initially shift to evidentiary questions, with a more detailed examination of legal doctrine occurring later in the appeals process.

For this reason, the legal foundation should be firmly established early on, reflecting how the case was initially presented and argued. A solid grasp of fundamental legal doctrines and terminology is often sufficient to lay this groundwork effectively.

How to choose an effective business lawyer | Avoiding common pitfalls

Selecting the right lawyer requires careful consideration. When making your choice, remember to:

Ensure the lawyer can add value to your case.
Verify that the lawyer specializes or has expertise in the relevant area of law.
Confirm the lawyer’s industry-specific knowledge is adequate.
Clearly define and agree upon the scope and details of the legal assignment with the attorney.

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Our expert in the subject area is dispute resolution and arbitration specialist Oscari Seppälä.

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** The article is for information and not as a legal advice.