Getting Good Authorized Advice
Assessing risks and rewards is very like an underauthor evaluates a credit risk by assigning a credit score. No case is perfect, but when appraising it, the dollar quantity marked because the "target" value ought to accurately incorporate both strengths and weaknesses.
A competent legal counselor will caretotally review the law and proof with his purchasers at various phases of litigation. This review is just like a frequently used market valuation used in business, known as "SWOT." The acronym is "Strengths, Weaknesses, Alternatives, and Threats." This process is often run backward from a future time when a decide, arbitrator or jury will probably be making a decision. The process is always one of asking what evidence do we've and does the evidence satisfy the necessities of the law? For instance, is this witness a convincing witness who will make a optimistic impression on the witness stand? Perhaps the query shall be whether or not a choose will permit evidence into the case, comparable to evidence in an age discrimination case that the employer has discriminated towards older workers in similar circumstances up to now?
Generally the risk is that juries in a particular jurisdiction are known to favor employers or firms and to be unsympathetic to lawsuits by employees. An excellent counselor could have information about the probably jury pool, judge, or arbitrator. He will also get information about what verdicts have been for similar cases in that jurisdiction.
An effective counsel will reassess risks and rewards because the case progresses, and as she obtains new information. Witness statements, newly discovered documents, professional opinions, and cash reserves can be reasons for a material shift in valuation.
All my purchasers should also consider their degree of resolve to press on with the case to a conclusion by arbitration award or verdict. The opponent will use each available negative piece of knowledge to discredit the Plaintiff. An aggressive adversary will attempt to frighten and humiliate a party with embarrassing info, comparable to a previous arrest or incarceration, addiction, a job firing or a psychiatric history. Usually this data could be excluded from proof, but the client must be resilient enough to just accept that the other side will use these techniques to shift the focus from its wrongdoing.
Capable legal counsel will know and articulate the opponent's arguments from the outset earlier than the case is filed or served. Just as importantly, counsel should have the courage to weigh the evidence as it is available in by documents and witnesses and to tell the client the case will not be as air-tight as first thought. This candid reassessment is a service because it grounds the shopper in reality, and saves the shopper the time, emotion and energy of a protracted battle without the desired payoff.
In my office, we position-play. We as attorneys not only make the opponent's case, however we play the part of the witnesses, seeing the battle by way of their eyes and with their emotions. We ask our clients to engage with us in this pre-trial drama, as if they have been the opponent, telling the opponent's view of things as the client will probably hear it from the witness stand.
Most purchasers find this position-taking part in difficult. But as we remind them once more that they are "out of character" they return to creating the opponent's testimony, nevertheless a lot they disbelieve it. One constructive outcome of the exercise is the client's appreciation that there's another believable narrative vying for acceptance by the arbitrator or jury. This deeper understanding provides the consumer the ability to evaluate risks more accurately. This knowledge, in flip, helps the client set the most effective settlement target.
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