Posted: Wednesday, 9 March 2022 @ 14:56
Why is it that some cases succeed and others do not? Why do some people win in Court and others do not? What can you and your lawyer do to enhance the prospects of success if litigation is the result?
Often it is the questions we ask ourselves and our professional advisors which can ensure a more successful outcome.
Four useful questions can be:
1 What is the other side up to? e.g To what extent are they fraudulent or are they just misunderstood? It is very easy to misread the motives and actions of the opposing party(parties). When I have a new case or client with that person complaining about the actions of some executor/attorney/beneficiary my questions focus on trying to understand what is going on and why. The why is important (e.g the motives) as this gives insight as to the best possible leverage which can be applied to the other side. It also helps you understand how you can support your client.
2 What is our plan? This can be broken down further into more questions. Do you have an agreed game plan with your lawyer? Has your lawyer decided how you are going to be represented? Have you identified strengths and weaknesses? How confident are you of success? How disciplined are you and can focus on core issues? What are the predicted costs and can you afford it? Have we used all the evidence on the case?
3 Are we clean? How we have we reacted to the threat of litigation? We need to look inwards sometime we need to look at ourselves. If you or your lawyer have acted badly it can back to bite you.
4 Are we aligned? Do I understand the case? Does my lawyer deal with my concerns or do I feel dismissed? Do I feel that my lawyer is going to take me to the end game?