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Success in a court case refers to the most favourable possible outcome. Whether a plaintiff or a defendant, you’ll want to play the hand of cards you’ve been dealt to your best advantage. That’s why it’s crucial to keep your emotions in check and approach litigation decisions objectively, like a shrewd, savvy poker player.

In the words of the immortal old song, “You’ve got to know when to hold ’em / Know when to fold ’em / Know when to walk away / And know when to run.”

With this in mind, here are some tips on how to win a court case.

Definitely don’t make your litigation decisions for vindictive reasons. You’ll only end up hurting yourself. Besides generating excessive litigation expenses, your health and happiness will suffer. If you look honestly in the mirror and realise that your motivation is spite or revenge, it’s in your best interests to find a way to settle or otherwise end the case.

In almost all situations, a negotiated solution to a dispute is quicker, less expensive and more private than litigating in court. Often, judges require litigants to attempt to reach an agreement using a trained facilitator called a mediator before they will be allowed to move forward to a courtroom trial. Take full advantage of the available opportunities for mediation. Cooperate fully with the mediator’s requests, and see if it’s possible to arrive at a negotiated deal with which you and the other side can live.

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Lawyers often have confident, forceful personalities. Be sure you are calling the shots in your legal case. Avoid sending mixed signals to your lawyer about matters such as what type of negotiated settlement would be acceptable to you. Speak up, and be sure that you are in control of your case.

It’s also important to remember that your attorney understands the litigation process in a way that you don’t. While you’re a foreigner in the legal realm, your lawyer lives there. So, it’s worth paying careful heed to your lawyer’s advice. If you don’t understand something, ask probing questions. However, remember that your lawyer has extensive professional training and experience in these matters.

Because most cases will settle before trial, success often means obtaining a desirable settlement. In negotiating with the other side, try to be flexible in deciding what you can live with. Your concept of a fair deal will vastly differ from the opposing party’s numerical figure. While you want to drive a hard bargain, both sides will probably compromise. Usually, the earlier this happens, the better.

Although it almost goes without saying, the most essential ingredient in litigation success is a highly skilled lawyer who will persuasively argue your case. Choose one with experience in the relevant legal area and with whom you feel personal comfort or rapport. Contact a qualified litigation attorney near you today to learn more.

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I look forward to having you in the Green & Associates community!

Best regards,

Dylan Green

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Please be advised that NOTHING discussed in ANY of our newsletters constitutes legal

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