How to win a legal case
Lighthouse Consultants
Management consultants, Forensic accountants, Audit, Compliance & Risk, Experts at business analysis and review.
How do you win a legal case? This may be a contractual dispute, litigation, fraud, insurance claim, divorce, any matter that might go to court.
Let’s start with purpose. The highest purpose is ‘duty’. To do the right thing, be honourable and above board, with honesty and integrity, standing up for what is right.
Now a lower purpose is ‘money’. There is nothing wrong with wanting money, I rather like have money myself. However, doing something just for money is not a high purpose and can become very selfish, where you can no longer see the big picture.
For every dispute, there are at least two parties involved, let’s say the ‘plaintiff’ and the ‘defendant’. The plaintiff believes that the only way to resolve the dispute is through legal action. This normally arises after several attempts to resolve the situation with the defendant. Lawyers may get involved or other mediators (insurance assessors and adjusters for example). Each party has someone appointed to represent their best interests.
Now this is where purpose comes in. As the representative of either person you have the duty to perform in a way that best meets the needs of your client. Your further duty is to perform in an ethical and fair manner and within the boundaries of the law. As a professional you know what can and cannot be done and stick within these parameters to obtain the best result possible. Ultimately this can be a win-win for all parties, as the resolution should be fair and represent a just outcome based on the initial agreement made.
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This is not about the money. This is the duty of fair representation and reaching an agreement through the communication of facts substantiated by hard evidence.
For the most part we live in a society with just laws where the rights of all are upheld. You win a case by upholding these laws and upholding your duty to your client. This is the way to really win. Understanding and having the viewpoint of duty is what places you above the norm. In this country we hold honour in high esteem and honour comes at price. The price is duty though with it comes pride. This ultimately results in client satisfaction and a job well done.