Litigation

LXD 211BB -- Litigation I                                              Pricipal Steps in a gracious Lawsuit: 1) Hiring a attorney 2) Preliminary investigations and research 3) head start of proceedings 4) Exchsnge of pleadings - Statement of claim and defence 5) Examinations for find of the parties and the discovery of documents 6) Motions 7) Pre- running game conference and trial preparation 8) Trial 9) Appeals.

- Retaining a lawyer consult friends and family and get recommendations, call the law society, look in the yellow pages.

Retainer - K b/w a lawyer and a client, in which services to be provided by the lawyer argon described and the terms and conditions for feement by the client are set out. - Refers to the cash deposit to be utilise to pay future fees and disbursements as they are incurred.

-It is used to describe the hiring of a lawyer to be available primarily to provide advice over a period of time.

Contingency Fees - where the lawyer gets paid a percentage of the judgment oly if s/he wins the case............

- Legal fees determined by: 1) the amount of money at s homecoming in the action 2) the ability of the client to pay 3) the amount the lawyer would spend on the pre-trial stage and the trial 4) the floor of complexity of the sub judice /or factual issues 5) the degree of success the lawyer is able to achieve 6) Expertise and visualize of the lawyer.

Cause of Action - the lawyer has to ask whether or non the facts, as related by the client, identify a healthy right or issue which gives rise to a legal remedy for the client. The lawyer must consider whether there is fit evidence to levy the facts. Their must be a linkup b/w the P and D with sufficient evidence.

- streamer of proof is on the plaintiff, their obliged to prove their case on Balance of Probabilities, they must show the crt that it is more liable(predicate) than not that the P version of the case is true. (there may be a possible doubt) - Different types of evidence, Testimonial, Documentary, Physical and Expert (used to prove a fact.

Balance of convenience - practical, fact based test, in which the crt examines how difficult, expensive or time consuming for the parties to exertion the case in one location rather than another. If the P has chosen a location, the D needs to show that it is at a greater disadvantagethere b/c of the residence of the witnesses, decease costs and similar matters.

Examination for discovery - may take place at special examiners office, parties under oath, parties have a right to be present when their lawyer is questioning the contend side, P and lawyer D and lawyer and crt newsperson are all present, question every aspect if the military issue (1. want to find out what other sides case is rough and worth $, 2. b/c P and D are under oath all info may be used at trial), send transcript to client to emplacement any error.

Affidavit of documents - your client will give you any evidence they may have (1. docs u dont want to dispose of are producable 2. priviledged docs usually b/w client and lawyer)

If you want to get a full essay, company it on our website: Orderessay



If you want to get a full information about our service, visit our page: How it works.