Litigants are often reluctant to consult a lawyer. After the question of cost, a particular concern is often the question of opportunity.
In absolute terms, there’s never a bad time to consult a lawyer. Indeed, it is during the consultation that all the elements of the case can be considered and the exchange between client and lawyer takes shape.
A recurring question concerns the chances of success. It’s not uncommon for the litigant to be faced with a feeling of injustice, and recourse to a lawyer can provide an informed opinion on the situation.
The feeling of injustice is often provoked by facts, or even particular circumstances.
Facts and context are very important, and the exchange between client and lawyer must focus on these elements.
However, the degree of precision and certainty of answers to the customer’s questions depends first and foremost on the documents, and trials are often decided on the basis of the ability to prove. The lawyer will then have to analyze which elements can be proven and how.
Indeed, as a procedural professional, the lawyer’s answers must not be limited to the procedural options available to assert the client’s rights, but particular care must be taken with the means of proof.
In this case, the lawyer intervenes after the facts that led to the situation, and the client’s valuable help is essential to winning the case. It is the customer’s responsibility to collect and preserve evidence. Ideally, these are documents, such as contracts or other written documents like messages, e-mails, etc. New technologies can also be used, such as photos and videos. Just recently, the study was able to win a court case using images from a CCTV camera. Of course, traditional means of evidence, such as testimonials, are still regularly used.
The keys to a successful trial are a well-prepared case. The lawyer needs the client’s cooperation. The client needs to be alert to these evidentiary issues, and the lawyer, as a specialist in evidence and procedure, can advise the client on these matters. It is important to remember that, depending on the circumstances, the burden of proof lies with one party or another. Who has to prove what and how? The answer to these questions is crucial to the outcome of the trial. Moreover, in accordance with the adversarial principle, evidence is exchanged and discussed. The lawyer provides evidence, but is also there to detect flaws and, if necessary, challenge not only the presentation of the facts, but also the opposing evidence.
Lawyer and client work together to win the case. The ideals of justice are sometimes far removed from considerations in the field. However, the above tips should help the litigant, so that when he or she consults a lawyer, the latter can do his or her best to obtain justice for his or her client.
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