How to win (or even avoid litigation) – Part 3

The story so far

We saw in Parts 1 and 2 how you can win any trial that you have to go through by having the systems in place within your business to make sure all the evidence you might later need is generated and gathered on an ongoing basis. When you get in front of a judge, it’s all about evidence.

We also saw how, as all evidence has to be exchanged between the parties well before you get to the doors of the court, you having all the evidence that you need could result in the other side “caving in” at an early stage in the legal process.

But it gets better… 

If you have got so much clear and compelling evidence of the type discussed above, then there is sometimes no need to even get embroiled in all the litigation steps that usually take months and years.

If your case is so clear cut and so completely supported by evidence, then there are “shortcuts” available that allow one party to get the other side’s case struck out right at the outset on the grounds that there is no way that they could ever win the case in light of the evidence that you have. This is called “Summary” judgement, as opposed to judgement only coming after the long litigation and trial process.

And better…

When a dispute goes legal, it has to start with a detailed lawyer’s letter to the other side setting out the facts and the basis of the claim.

You can imagine the impact that a vague letter might have here – one that couldn’t refer to real details or evidence in support. Compare that to what a detailed letter would do to the other side, particularly if it enclosed copies of the documents that you’ll be relying on when (not if) you start court proceedings. Exactly – there’s a far greater chance that the other side will cave in, before you even have to start court proceedings. 

And better!

If the case is so clear cut and for example there is and can be no dispute that the other side owe you the money you are claiming from them, then “the nuclear” option is open to you – a far more effective way for you to recover debts than normal court proceedings.

By this, you start insolvency proceedings on the other side. A threat to wind a company up or to make an individual bankrupt will elicit and far quicker reply from your debtor and a normal court document. You can bet that they’ll take your claim very seriously!

In summary..

We started this series of briefings by talking about how to win at trial. We ended it by looking at how the same measures might mean you wouldn’t need to start court proceedings at all.

Lawyers around the world make a fortune by arguing over vague situations and by trying to fill the gaps where businessmen and women cannot easily prove what was said or what actually happened.

Here at Attwaters DR team success for us is not working with you on long-running court cases. Rather, success for us is all about striking hard on your behalf.

We want to help you to grow your business, not ours.