Litigation is a proven method of successfully settling disputes in a court of law. West’s Encyclopedia of American Law defines litigation as “an action brought in court to enforce a particular right.”
In the United States, the legal system is built upon the foundation of the British legal system. This system is adversarial, with both sides presenting their cases and then having either a judge or jury to make the final verdict. In a majority of cases, the plaintiff and defendant will negotiate an agreement before the trial even starts, let alone when a verdict is reached. Litigation techniques that are used in a specific case cover a wide range, from simple questioning of witnesses to the use of technology-based exhibits.
Litigation Techniques Before Trial
Lawyers use an assortment of techniques during the litigation of a case. These techniques start the moment a trial begins.
Researching related legal cases is one litigation technique used by lawyers. American case law provides the basis on which cases are determined. Your lawyer will explore past cases to discover those that parallel the circumstances of your case. Usually, this analysis will reveal legal concepts that can strengthen your case — or in some cases, completely impair it.
Exploring the facts of the case — more commonly referred to as discovery — is another typical litigation technique. During the discovery process, the lawyers involved in the case will request documents and evidence from the other party. These lawyers will also interview witnesses under oath to gather details related to the case.
Negotiation, mediation, and arbitration are three common litigation options to resolve a case. Negotiations take place directly between lawyers and their respective clients. Mediation is done with the aid of a neutral third party. Neither mediation or negotiation agreements are official until both sides agree. Arbitration comprises a lawyer submitting the case to a neutral, third-party arbitrator who will make a decision on the cases. In arbitration, the decision is final and binding for both sides.
Litigation Strategies Going to Court
Trials follow set rules or procedures that must be followed by both sides. A skilled Houston personal injury lawyer is a master of these rules and can use a variety of litigation techniques to present a case in a favorable light.
Having expert witnesses on the stand is one litigation option lawyers can utilize. These experts can offer explanation to specific elements in a given case. When the details of a case are difficult to understand, an expert can utilize testimony to clarify the circumstances of the case for the court.
When disputing your case at trial, the lawyer can use a single argument or multiple arguments. This litigation technique rests on the cases and its unique circumstances.
Even the tone of your lawyer can impact the trial strategy. The lawyer can take a conciliatory tone when speaking to the court if they are attempting to gain sympathy. A harsher tone can be used to get the judge or jury agitated with the opposing side.
Trial exhibits and demonstrations are other components of the litigation strategy. Trial exhibits can include contracts, deeds, maps, or videos that portray the relationship of the parties or that establish mechanical failures or actions.
Litigation Options Ater Trial
After trial has come to a close, the litigation process isn’t over. The losing party is able to appeal the final decision based on key legal arguments. The decision on which arguments to make on appeal is a crucial appellate technique.
If you are currently engaged in litigation, have been sued, or are contemplating pursuing a lawsuit, you need qualified legal representation on your side. Contact a lawyer at West Loop Law and the Law Office of Nhan Nguyen, MD, JD so we can help you with all phases of your case.
Houston Personal Injury Attorneys
Being injured in serious collisions isn’t easy. There were 47,585 collisions reported in Houston in 2012 alone, 5,387 of which resulted in injuries. Traffic fatalities are on the rise in the city, with a reported 11 percent increase from 2011 to 2012. Injured parties need the help of a qualified Texas car wreck lawyer to handle their case.
West Loop Law and the Law Office of Nhan Nguyen, MD, JD is here to ensure your case is given the respect it deserves. Our team of experienced lawyers is here to fight for your rights after being unfairly injured in a sudden car accident. We want you to feel confident that your legal rights are being protected and that there is a committed team to advocate on your side. Contact our offices today at 713-840-7200 to discuss your case.
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