The Vital Ingredient: Research
One of the most important aspects of any legal case is thorough research. You cannot possibly expect to file an acceptable pleading, much less win a case, without having done your homework first. You must start by gathering as much information as possible about your case. This means that you should probably attend hearings and trials if they are available, and make numerous phone calls and send numerous emails to people and offices that you believe might have information that would be helpful to you. You should also take the time to read all relevant case law (i.e., decisions that are on point) and legislation (i.e., new laws that could affect your case) that pertains to your matter. The better you understand what occurred in previous cases, the better chance you have of winning your case. Poorly-researched cases will not withstand rigorous legal scrutiny, and you will most certainly lose.
Make A Good Opening Statement
The first thing that your attorney will do once your case has been filed is to make an opening statement outlining the basic facts of your case and any legal theories that you intend to bring forward. Your attorney will tell you what they think are the strengths of your case, and what they believe are the weaknesses of the opposing party’s case. Your attorney will also advise you of the type of questions that they believe the judge is likely to ask, and of the answers that you should provide. While you certainly do not have to agree with everything that your attorney says, you should at least understand what they are telling you and why they are saying it. Your attorney’s opening statement is a critical part of your case, and you should take the time to understand how to write a strong one.
Make A Good Case
Once you have a good opening statement, the next step is to make a good case. Your attorney will begin by presenting all of the evidence that they were able to collect (i.e., witnesses, documents, etc.) that support the statements made in the opening statement. They will then proceed to ask reasonable questions of the opposing party’s witnesses, and they will certainly push back on any witnesses that the opposing party calls to the stand who turn out to be incompetent to testify (i.e., perjured). Your attorney’s goal is to demonstrate to the court that their client is indeed entitled to the relief that they are seeking, and that the opposing party’s position is not supported by the facts, but rather is a frivolous delay tactic. Make sure to read the case law and statutes cited in your attorney’s opening statement, as this will all be relevant as you make your case to the court. You should practice making a good case, as a trial attorney will never have an opening statement or make a good case if they do not think that they can win their case. You should find an experienced civil litigator to represent you in your case if you do not have the funds to retain a large law firm, as these attorneys will be able to give you the best shot at winning your case, and you will not have to shoulder all of the cost.
Use The Right Formatting
Formatting is extremely important in every area of law, but it is even more crucial in legal writing. Poorly-formatted legal documents that are the result of sloppy note-taking will simply not cut it in court, and you will most certainly lose your case. Even if your case is weak, an attorney with experience will be able to identify the weaknesses in your documentation and push back on them successfully, as the judge’s time is much more valuable than yours or mine. Make sure to take the time to carefully review any documents or notes that you have collected during your research, and make sure that all of the information is organized in the appropriate manner. You should also take the time to learn how to properly format court documents (e.g., pleadings, motions, etc.).
The Importance Of Being An Advocate
To put it simply, an advocate is someone who is arguing for another person or cause. Your attorney’s job is to represent you in court, and one of the most important things that they will do is to speak on your behalf. Your attorney will push for the rights that you as the plaintiff are seeking, and they will question the competence and integrity of the opposing party and their witnesses. If possible, your attorney will also put forward expert testimony that supports their case, as this will make the judge believe that they have good reason to rule in your favor. Your attorney will also object to any evidence or testimony that is irrelevant to the case, as this could cause the judge to rule against you. An experienced advocate will be able to master the legal jargon and will be able to craft well-thought-out arguments that will make the judge see your case for what it really is: a good one.
Writing a legal case from scratch is not easy, and even if you are fortunate enough to find a template that suits your case (e.g., Dummies Guide to Understanding the Fair Debt Collection Practices Act, DocuSign Dummies Guide to Securing Your DocuSign account), you will still need to do a lot of research and make a good argument in order to convince the judge that you are indeed entitled to the money that you are seeking. If you would like to try your luck at winning a case, contact a reputable attorney who handles consumer protection law, and find out what their initial consultation fee is. Remember: good lawyers are not cheap, so do not expect to come away from the process without spending a decent chunk of change.