Is Litigation Strategy Really Important?
After handling litigation for almost nearing two decades, the experience in litigation has seen two major factors evolve as below:
- Refine & simplify the facts as lucid as “Story Telling”
- Continuous Identification & deployment of “Best Litigation Strategy“
Litigation Strategy is must to analyze, review & streamline any existing and/or upcoming dispute or litigation.
Litigation is a continuous process of study, analysis, interaction, applicability of law, evolution, checking facts from every corner, reviewing and deploying best legal strategy in every stage of proceedings.
What is Litigation Strategy?
Litigation Strategy is the way an advocate plans to handle any litigation.
It is the manner in which a foundation is built while planning for a logical end to any litigation. It is also how a case has to be dealt at different levels and stages in a litigation process.
A well deployed litigation strategy has to be identified, developed and deployed at different stages as below:
Stage 1: Preventing Disputes:
It is the stage where the onset of dispute has taken place and can emerge into litigation. One's focus should be always to prevent or to check the disputes with proper legal strategy in every area of law and especially in laws with most disputes such as Indirect Taxes, IPR, Arbitration, Civil, Corporate, Contract, Environmental, Real Estate, Regulatory Compliances etc.
Stage 2: Defending Disputes:
Where a dispute has already taken the shape of the litigation, then it becomes a must to properly analyze and then deploy the factual and legal strategies to defend litigation in an effective manner.
The thrust should be always to defend litigation with the best legal framework so that Legal Strategy Can Really Work for you in any law.
Stage 3: Continuous Research in a Dispute:
The efforts upto the last minute matter the most in the litigation.
Most of the litigants give up either in the middle or adopt a lighter approach at the last stage of the litigation which ultimately results very costly to them.
An actual research requires expertise, lateral thinking and good time so that a proper framework in litigation can be executed with well-grounded work.
SUCCESS IN LITIGATION IS POSSIBLE BY STRATEGY, ANALYSIS & SIMPLICITY
During an argument in a Court, both the sides speak & read the same documents, refer the same rules, act and provisions.
However, it is the simplest analysis and application of law with lateral thinking which makes a clear way for one party whereas the other party under the same set of situation, opportunity, argument and option fails.
The aforesaid can be also understood from the following:
Every written language can be interpreted in two manners.
One who interprets the language in a lucid manner to make it clear as daylight results in more success than the person who is complicating the language as because of this complication, the literal meaning is lost in confusion.
What matters the most in a legal battle is the application of a legal tact at the proper place and proper time. It is always the legal tact cum strategy which matters the most.
Success in litigation is a result of hard work to carry out simplicity and analyzing a situation in such a manner that everything becomes apparently favorable.
STAGES OF LITIGATION STRATEGY
The litigation strategy evolves in phases as below:
Onset of Litigation – The way for litigation starts as early as an enquiry 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 strength and weaknesses. 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 the strongest.
Timely Actions – What has to be done at a particular point of 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 a litigation.
Submission of Facts – Not only entire facts should be placed on record but it should be also simplified in a manner that a school going kid can also understand as to what are the facts of a case. Complete and simple facts really matter as an important and integral part of any legal strategy.
Placing Documentary Evidences – Evidences should be brought on record from the earliest possible stages. Very often, either on wrong advice a document which was real evidence was either discarded at the end of the client itself or was not placed at a proper forum under the guise that it was not relevant. If you don’t have any direct evidence, at least something which may be evidence connected in any manner should always be produced since no one knows where the litigation will see its end.
Research – Research is like sharpening your axe before cutting a tree. The time required to cut the tree would depend on how much time you have given to sharpen your axe. Research makes your litigation streamlined and to identify strategies in law. The manner of research is another aspect which is an expertise to be inherited for proper identification of strategy