Is Litigation Strategy Really Important?
After handling litigation for almost nearing two decades, the experience in litigation has always pushed us to work more on two factors as below :
- Refine & simplify the facts as lucid as “Story Telling“
- Continuous Identification & deployment of “Best Litigation Strategy“
What is Litigation Strategy?
Litigation Strategy is the way an advocate plans to handle litigation.
It is the manner in which a foundation is built while planning for a logical end to 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 continuous 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 Litigation –The pave for litigation starts as early as an inquiry 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.
- 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 litigation.
- Submission of Facts – Not 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 the 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.
- Placing Documentary Evidences – Evidence should be brought from the earliest possible stages. We have found that many times either on wrong advise a document which was 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 at least something which may be 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 .
- Research – Research 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 expertise to be inherited for proper identification of strategy.
AMLEGALS consider that research is the most crucial aspect in the identification, development and deployment of a Legal Strategy .
- Legal Grounds – Legal grounds will not be confined to explaining provisions, the applicability of laws, interpretation, reliance on case laws. It is much more than including various aspects where it is not only mixed point of law, the 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 .
- Alternative Pleas – Most 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 .
- 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 in a success for your client.
- Passion For Solution – Passion to find out a solution acts as a catalyst to succeed in 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.
- Making Proper Prayer – We found many people are hesitant to make a 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 .
- 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 .
- Investment of Time – It is the duty of an advocate to invest time in developing a case to result in 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.”
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 firstname.lastname@example.org .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.