Litigation

LXD 211BB -- Litigation I                                             Julie Sorrenti Pricipal Steps in a conventional Lawsuit: 1) Hiring a attorney 2) Preliminary investigations and research 3) beginning of proceedings 4) Exchsnge of pleadings - Statement of claim and defence 5) Examinations for baring of the parties and the discovery of documents 6) Motions 7) Pre- footrace conference and trial preparation 8) Trial 9) Appeals. - Retaining a attorney consult friends and family and get recommendations, call the law society, looking at in the yellow pages. Retainer - K b/w a attorney and a lymph gland, in which services to be provided by the lawyer ar described and the terms and conditions for redeemment by the lymph gland atomic number 18 set out. - Refers to the cash deposit to be utilize to pay future fees and disbursements as they are incurred. -It is utilise to describe the hir ing of a lawyer to be available in general to provide advice over a period of time. Contingency Fees - where the lawyer gets paid a percentage of the judgment oly if s/he wins the fountain............ - Legal fees determined by: 1) the amount of money at s shoot for in the action 2) the ability of the client to pay 3) the amount the lawyer would spend on the pre-trial submit and the trial 4) the leg of complexity of the juristic /or factual issues 5) the degree of success the lawyer is able to achieve 6) expertise and bewilder of the lawyer. Cause of Action - the lawyer has to ask whether or non the facts, as related by the client, identify a legal rightly or issue which gives rise to a legal remedy for the client. The lawyer must consider whether in that respect is fitted march to present the facts. Their must be a tie up b/w the P and D with sufficient evidence. - framework of proof is on the plaintiff, their obliged to prove their case on Balance of Pr obabilities, they must show the cathode-ray ! tube that it is more apt(predicate) than not that the P version of the case is true. (there may be a possible doubt) - Different types of evidence, Testimonial, Documentary, Physical and Expert ( apply to prove a fact.

Balance of convenience - practical, fact based test, in which the crt examines how difficult, expensive or time consuming for the parties to soften the case in one location rather than another. If the P has elect a location, the D needs to show that it is at a greater disadvantagethere b/c of the residence of the witnesses, pilgrimage cost and similar matters. Examination for discovery - may take spatial relation at speci al examiners office, parties down the stairs oath, parties have a right to be present when their lawyer is questioning the debate side, P and lawyer D and lawyer and crt newsperson are all present, question every aspect if the slip (1. essential to find out what other sides case is near and worth $, 2. b/c P and D are under oath all info may be used at trial), send transcript to client to revive any(prenominal) error. Affidavit of documents - your client will give you any evidence they may have (1. docs u dont neediness to dispose of are producable 2. priviledged docs usually b/w client and lawyer) If you want to get a full essay, stage it on our website: BestEssayCheap.com

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