By Levi I. Shaapera
Preparing a strong case and gathering supporting evidence is apropos for presenting a compelling case and sound argument in Court – the argument that allows you to watch the court gallery before leaving the court room. Here are 10 strategies to consider before jumping to court:
1. Thoroughly Review the Facts of the Case:
- Carefully review the facts presented by your client and any relevant documents, such as contracts, invoices, or statements for a clear understanding.
2. Identify Key Legal and Factual Issues:
- Identify the key legal and factual issues relevant to the case.
- Determine the specific elements/facts that need to be proven to establish the case.
- Identify the appropriate court with requisite jurisdiction.
- Identify the mode of commencing the action. It is advisable to always adopt Writ of Summons whenever you are not so sure.
3. Engage in Legal Research:
- Conduct legal research to familiarize yourself with the relevant laws, regulations, and case precedents related to the case at hand.
- Identify possible legal arguments or principles that support your position.
- LawCompass (https://blog.lawcompasser.com/) is a digital cloud-base tool for seamless legal research that you can always rely on.
4. Gather Relevant Documents:
- Collect all relevant documentation that supports your case, such as contracts, invoices, payment records, or any correspondence related to the case.
- Ensure that the documents are organized and easily accessible.
5. Interview Witnesses:
- Identify potential witnesses who can provide testimony or evidence regarding the facts.
- Conduct interviews to gather their statements and determine their willingness to testify if needed.
6. Obtain Expert Opinions:
- In complex cases, consider obtaining expert opinions to support your position.
- Experts in relevant fields such as accounting, finance, or industry-specific practices can provide specialized knowledge and strengthen your argument.
7. Prepare Clear and Concise Processes:
- Draft clear and concise pleadings that articulate your case.
- Structure your submissions logically, addressing each element of the case in a cohesive manner (where addresses are required).
8. Prepare Witnesses for Testimony:
- If witnesses will be called to testify, thoroughly prepare them for their testimony.
- Review their statements, clarify any potential areas of confusion, and ensure they understand the importance of presenting accurate and consistent information.
9. Anticipate Counterarguments:
- Identify potential counterarguments that the other party may raise.
- Prepare responses and rebuttals to address these counterarguments effectively.
10. Seek Legal Advice:
- All lawyers are learned but others are more knowledgeable in certain areas than others. Accept this simple truth and learn to consult experienced colleague(s) in the relevant areas of law.
- They can provide guidance on building a strong case, evaluate the strength of your evidence with independent eyes and offer strategic advice.
Remember, adherence to court rules, maintaining professionalism, and presenting your case with clarity and credibility will also strengthen your chances of a successful litigation.