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How To Win A Probate Case

Posted: Wednesday, 17 March 2021 @ 12:18

What are the key ways to win a legal case? From experience what are the dos and do nots? 

1 Focus on the End Game. Within legal disputes, it is very easy to get lost in the emotion and the day to day grind of correspondence with the other side. However it is useful and frankly fundamental to ask what is the primary purpose of instructing a lawyer? What are we trying to achieve? And if this case goes to Court what order are we asking a Judge to make? Do our actions make it likely a Judge will make this order?

2 Take Emotion Out Of It. In my job I see things which sometimes shock me and annoy me. And from time to time I see opponents and their lawyers display emotion illustrating their negative view of my client and dare I say it, me. It is very easy to get sucked into it but it is not a good look as the objective is to either get the other side to negotiate how you want or to have a paper trail which impresses the judge. If a lawyer shows self self regard, self importance and contempt, it is very visible and will not impress a judge and indeed will further motivate the other side. I prefer to limit the fuel the other side has. 

3 Let Your Lawyer Stand Up To You. We live in an era when the client is the king or queen of the show. Of course a good lawyer will fully understand client objectives and needs but equally a good lawyer will have a clear plan in place and will not deviate from that plan. Thus the good lawyer will have the right structure and will be guiding and controlling to the client in the quest to obtain either an acceptable negotiation and/or victory in Court. How aligned are you with your lawyer? Do you dictate to your lawyer? If your lawyer says something which you are not comfortable with, do you push back?

4 Limit Correspondence. When it comes down to it you will either do a deal or you will not. The sequence I like to operate is to have no more than two pieces of correspondence with the other side. If this fails then head to Court. What is the point in engaging in endless correspondence with the other side apart from racking up your client's bill? The only point to continue correspondence is achieving something such as more disclosure, an enhanced offer and/or making you look good before the Judge. I am always thinking - What will a Judge think of this case? How can make this case look good before the the Judge? I also do not like to waste time.  

5 Use Expert Evidence Sensibly. With respect to probate fraud cases I am firm believer in using expert analysis to back up points. This can give an independent feel to the case and boost credibility. Otherwise the use of credible figures can represent a solid weapon to bring an errant party to account. It is one thing to dismiss you as a scheming idiot, it is more difficult to do it a credible expert and or clear financial analysis.