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“
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.
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.
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.
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.
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.
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.
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.
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.
Making Proper Prayer – We found many people are hesitant to make a proper prayer. They should rather remember an important fact
Knowing Which are Do’s And Don’ts In A Case –
Investment of Time – It is the duty of an advocate to invest time in developing a case to result in effective pleading.
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 email@example.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.