Is Litigation Strategy Really Important ?          
  pen After handling litigation  for almost nearing  two decades , the experience in litigation has always pushed us to work more on two factors as below :
  1. Refine & simplify the facts as lucid as “Story Telling”
  2. Continous Identification & deployment of “Best Litigation Strategy

What is Litigation Strategy ?

Litigation is About Strategy - AMLEGALS Legal Strategist

Calculative Strategy In Litigation Really Matters



Litigation Strategy is  the way an advocate plans to handle a litigation .
It is the manner in which a foundation is built while planning  for a logical  end to a litigation .
It is also how a case has to be dealt at different levels and stages in a litigation process  .

Depending upon a case ,  
legal Strategies  have to be  identified                                            
 
legal Strategies   have to be  developed                                           
 
legal Strategies   have to be deployed
It is a continous  implementation &  planning of actions in due course of expected and unexpected  events  with well researched lateral thinking cum reasoning in order to achieve the desired goal of success .

AMLEGALS  considers Litigation Strategy is a booster of success in any litigation
What are the stages of Litigation Strategy ?
The litigation strategy evolves in phases as below :
Onset of LitigationThe pave for a litigation starts as early as an enquiry is initiated . A right approach and involvement of an advocate via litigation strategy at initial stage increases the chance of success .
Reply & Submissions – The case has to be built up with excellence since every case has its strong points and weakness as well . Hence , no case can be taken lightly. Rather, each and every case demands an application of  well thought distinct legal strategy  so that strong points become strongest .

AMLEGALS

Case Has To Be Built Up With Excellence For Success



 
Timely Actions -What has to be done at a right time is to be done at that time only failing which it becomes either less important  and /or does not come as a help in a litigation .
Submission of FactsNot only entire facts should be placed  but it should be also simplified in a manner that a school going kid can also understand as to what is the fact of  a case . Complete and simple facts really matter as an important and integral part of legal strategy .

It is our observation that due to complexity of facts proper results could not come at various forums .However , deployment of litigation Strategy resulted simplification to enhance the chance of desired success

E5090285-E5F6-45B7-8A0B-8BD587275A4A.jpg

Lawyers Have to Be A Good Story Teller For Their Clients



  Placing Documentary Evidences – Evidences should be brought from the earliest possible stages . We have found that many times either on wrong advise a document which was a real evidence was either discarded at the end of the client itself or not placed at a proper forum under the guise that it was not relevant. If you don’t have any direct evidence then atleast something which may be an evidence connected in any manner should always be placed since no one knows where the litigation will see its end .
Sometimes a simple communication can be also appreciated by court of law but a legal strategy has to be evolved to make such a simple communication to be  worth an evidence .

ResearchResearch is like sharpening your axe before cutting a tree . The duration of cutting  a tree will depend upon the fact that as to how much time axe was sharpened . Research makes your litigation streamlined and to identify  strategies in law . The manner of research is another aspect which is an expertise to be inherited for peoper identification of strategy .
AMLEGALS consider that  research is the  most crucial aspect in  the identification, development and deployment of a Legal Strategy .

Amlegals Full Service Law Firm

Research Is An Attitude For Success & Different Result



Legal GroundsLegal grounds will not be confined to explaining provisions , applicability of laws , interpretation , reliance of case laws . It is much more than including various aspects where it is not only mixed point of law , evolution of law et al .

Legal Grounds have to be identified, explored, planned and executed and not merely pleaded with over confidence that case laws are in our favour .There also legal strategy works for success .

Legal Grounds

Legal Grounds Have to Be Nurtured And Planned According To Facts Of A Case



 
Alternative PleasMost of the time it is the alternative plea which results into success when it comes of distinguishing case laws , handling a situation where interpretation is airing two meanings , specific laws on a particular issue is either not existing or silent etc .

Our experiment of alternative pleas have worked  the most in tax litigations, arbitration , environmental laws etc areas of law. Litigation strategy also corners the development of best alternative pleas for a particular case .

Legal Strategist Law Firm

Alternative Pleas Really Matter In A Litigation



Applicability of Various Tools and Different Laws – The success of a case does not only depend upon mere making good appeals, suits , petitions and /or applications but an X “factor has to be carved out.
Hence, various tools and different laws have to be used and applied properly to draw an inference so that a court can be assisted in a proper manner to result success for your client . Passion For Solution – Passion to find out a solution acts as a catalyst to succeed in a litigation .  

AMLEGALS believes that  if an advocate is not passionate , then he  will handle a matter for the sake of handling a matter like routine cases, but a passion to solve will lead to success.

Passion In Legal Strategy

Passion To Solve Is a Catalyst Must to Succeed



 Making Proper Prayer – We found many people are hesitant  to make proper prayer .They should rather remember an important fact

that in court advocates are beggars and they have to pray for their client and a  proper prayer can save a client from unwanted hardship .

Amlegals Law Firm

Innocence Matters But Don’t Be Innocent in Making Prayers



 

Knowing Which  are Do’s And Don’ts In A Case

Success in a case also depends on an important fact that an advocate should know which are do’s and don’ts in a case .This is an important aspect in legal strategy .

Legal Strategy

Knowing Do’s & Don’ts In A Case Is Very Important in Litigation



 Investment of Time – It is the duty of an advocate to invest time in developing a case to result effective pleading .

AMLEGALS observed that 90% Times , A Case is Lost Due To Lesser Time, Lesser Involvement, Lesser Simplification & Research .

Whereas, More Time, More Involvement , More Simplification & Research Enhances Success Rate.”

Time AMLEGALS

Investment of Time in A Case Leads To Enhancement of Success



  How to Develop Litigation Strategy ?

Development & deployment of a successful litigation strategy depends on keeping all of the aforesaid and many other  steps in proper manner,  in mind , at every stage of each and every case so that a case is built up  properly and defended strongly .  


by ANANDADAY MISSHRA, Founder Advocate, AMLEGALS ( The author is a leading advocate and handling cases in Tribunals & High Courts of India. He can be contacted on anand@amlegals.com .For more please refer www.amlegals.com .) Note – This is an educative article .Its copyright vests with the author and no part of this article can be copied fully or partially , altered, reproduced in any manner without any prior written permission.


What An In-House Counsel Looks Before Hiring A Law Firm ?
Our Litigation Services 

They Trust Us

  • clint1
  • Hitachi amlegals
  • clien3
  • coromondel
  • deccan
  • Apar Industries Ltd
  • sabero organics
  • Harsha Amlegals
  • airport authority of India
  • withdford amlegals
  • We Deal With
  • fancy fittings amlegals
  • client7

Leave a Reply

Your email address will not be published. Required fields are marked *

Current day month ye@r *