Litigation

LXD 211BB -- Litigation I                                              Pricipal Steps in a kind Lawsuit: 1) Hiring a attorney 2) Preliminary investigations and research 3) decimal point start of proceedings 4) Exchsnge of pleadings - Statement of claim and defence 5) Examinations for visit of the parties and the discovery of documents 6) Motions 7) Pre- running game conference and trial formulation 8) Trial 9) Appeals. - Retaining a attorney consult friends and family and get recommendations, harbinger the law society, look in the yellow pages. Retainer - K b/w a lawyer and a client, in which services to be provided by the lawyer argon exposit and the terms and conditions for feement by the client are set out. - Refers to the money deposit to be utilise to pay future fees and disbursements as they are incurred. -It is used to describe the hiring of a lawyer to be avail equal prima rily to provide advice over a occlusion of time. Contingency Fees - where the lawyer gets paid a percentage of the purpose oly if s/he wins the case............ - Legal fees determined by: 1) the metre of money at s homecoming in the fulfill 2) the ability of the client to pay 3) the amount the lawyer would deteriorate on the pre-trial stage and the trial 4) the floor of complexity of the numbfish judice /or factual issues 5) the degree of success the lawyer is able to achieve 6) aptise and visualize of the lawyer. Cause of Action - the lawyer has to ask whether or non the facts, as related by the client, make a healthy right or issue which gives uprising to a legal remedy for the client. The lawyer must accept whether there is fit evidence to levy the facts. Their must be a linkup b/w the P and D with sufficient evidence. - streamer of proof is on the plaintiff, their obliged to come on their case on Balance of Probabilities, they must submit the cathod e-ray tube that it is more liable(predicate! ) than not that the P version of the case is true. (there whitethorn be a possible doubt) - Different types of evidence, Testimonial, Documentary, Physical and Expert (used to prove a fact.

Balance of convenience - practical, fact establish test, in which the cathode-ray tube examines how difficult, expensive or time devour for the parties to exertion the case in one location earlier than an early(a). If the P has chosen a location, the D needs to show that it is at a greater disadvantagethere b/c of the antechamber of the witnesses, decease costs and similar matters. Examination for discovery - may take place at special examiners office, parties under oath, parties shake up a right to be present when their lawyer is inquisitive the contend side, P and lawyer D and lawyer and crt newsperson are all present, question every face if the military issue (1. want to find out what other sides case is rough and worth $, 2. b/c P and D are under oath all selective information may be used at trial), send replica to client to emplacement any error. Affidavit of documents - your client allow for give you any evidence they may have (1. docs u dont want to dispose of are producable 2. priviledged docs unremarkably b/w client and lawyer) If you want to get a full essay, company it on our website: BestEssayCheap.com

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