The Ultimate Guide to Litigation: Process and Strategies

WHAT IS LITIGATION AND ITS PROCESS?

Lady Justice, represents the law with a set of scales in her left hand, a double-edged sword in her right and blindfolded. This symbolises impartiality, able to weigh the evidence and able to mete out swift justice.

Regretfully justice is not so easily achieved. To bring a case to court indicates that parties have not been able to settle their differences and require an independent third party to intervene to settle their differences. Once in the court system parties lose the opportunity, in many respects to control their destinies, as courts are rule bound by legislation and the rules of evidence in the running of their case. The actions of the opponent may cause the case to veer off into directions unforeseen at the start.

As a Litigation Lawyer, in every matter, which I am engaged I am at pains to emphasise to my client that being “right” it is not a sufficient reason on its own to commence proceedings. The following points must be considered:

1. It takes two to have an argument, what have each party done to settle the matter?
2. Has there been clear communication?
3. Has each party been given the opportunity to set out their own version of events?
4. Have all avenues been explored to settle the matter?
5. Has the “cost “ of litigation been fully explained? In considering to commence litigation have legal costs; time costs, opportunity costs been factored in?
6. In addition to the costs set out above there are the emotional costs, relationship costs and perhaps relationship and reputation costs been assessed?
7. Does the matter have a legal basis to effect a remedy?

In every instance I consider the whole circumstance before providing advice because the wrong decision to litigate may result in Pyrrhic victory where the victors losses may well outweigh any gains in the victory. I have litigated in the highest court in the land and appeared in the local courts. My experience and business sense allows independent evaluation to enable my clients to make balanced decisions whether plaintiff or defendant along with my mediation abilities to settle many matters before the necessity to proceed to go court or final hearing.

Regards,

Jeffrey
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