LXD 211BB -- Litigation I Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Pricipal Steps in a benignant Lawsuit: 1) Hiring a attorney 2) Preliminary investigations and research 3) engineer start of proceedings 4) Exchsnge of pleadings - Statement of claim and defence 5) Examinations for feel of the parties and the discovery of documents 6) Motions 7) Pre- running game conference and trial preparation 8) Trial 9) Appeals. - Retaining a attorney consult friends and family and get recommendations, send for 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 set forth and the terms and conditions for feement by the client are set out. - Refers to the specie 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 adequate p rimarily to provide advice over a detail of time. Contingency Fees - where the lawyer gets paid a percentage of the legal opinion oly if s/he wins the case............ - Legal fees determined by: 1) the measure of money at s homecoming in the consummation 2) the ability of the client to pay 3) the amount the lawyer would drop on the pre-trial stage and the trial 4) the floor of complexity of the make out judice /or factual issues 5) the degree of success the lawyer is able to achieve 6) giftedise and visualize of the lawyer. Cause of Action - the lawyer has to ask whether or non the facts, as related by the client, depict a healthy right or issue which gives source to a legal remedy for the client. The lawyer must contemplate 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 experiment their case on Balance of Probabilities, they must instal the cathode-ray tube that it is more! liable(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 (used to prove a fact.
Balance of convenience - practical, fact base test, in which the cathode-ray tube examines how difficult, expensive or time overpowering for the parties to exertion the case in one location quite an than an otherwise. If the P has chosen a location, the D needs to show that it is at a greater disadvantagethere b/c of the habitation of the witnesses, decease costs and similar matters. Examination for discovery - may take place at special examiners office, parties under oath, parties flummox a right to be present when their lawyer is question the contend side, P and lawyer D and lawyer and crt newsperson are all present, question every persuasion 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 info may be used at trial), send likeness to client to emplacement any error. Affidavit of documents - your client ordain give you any evidence they may have (1. docs u dont want to dispose of are producable 2. priviledged docs normally b/w client and lawyer) If you want to get a full essay, company it on our website: OrderCustomPaper.com
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