When faced with legal disputes or conflicts in the business world, engaging the services of a commercial litigation lawyer is often the best course of action. Below we outline the step-by-step process involved in taking legal action with a commercial litigation lawyer.
Step 1: Initial Consultation
The first step in taking legal action with a commercial litigation lawyer is to schedule an initial consultation. During this initial consult, the lawyer will help to identify the client's concerns, gather relevant information or evidence, and consider the available legal options.
Step 2: Investigation and Assessment
After the initial consult, the lawyer will conduct a thorough investigation into the matter. This may involve reviewing relevant documents, conducting interviews, and gathering evidence to support the client's claims.
Step 3: Case Strategy Development
Based on the investigation findings and the client's goals, the lawyer will develop a strategic approach to the case. This may involve identifying potential causes of action, drafting pleadings or legal documents, and determining the appropriate legal avenues available.
Step 4: Filing and Service of Legal Documents
If the lawyer determines that legal action is necessary, they will prepare and file the necessary legal documents with the court. These documents may include a complaint, summons, or other pleadings. Once the documents are filed, the lawyer will ensure they are served on the appropriate parties, notifying them of the legal proceedings and outlining the client's claims.
Step 5: Discovery and Depositions
After filing the lawsuit, the lawyer will facilitate the discovery process, which involves the exchange of relevant information and evidence between the parties involved. This may include interrogatories, requests for production of documents, or depositions.
Step 6: Pre-trial Motions and Negotiations
Before a trial begins, the lawyer may file pre-trial motions with the court to seek rulings on various issues related to the case. These motions may consider motions to dismiss, motions for summary judgment, or motions to compel discovery.
Step 7: Trial Preparation and Presentation
If the matter proceeds to trial, the lawyer will prepare the client for witness testimony, cross-examination, and the presentation of evidence. They may also hire expert witnesses, prepare opening and closing statements, and coordinate with other legal professionals to ensure the client's case is presented effectively.
Step 8: Trial Proceedings
During the trial, the lawyer will represent the client in court, present their case, cross-examine witnesses, and make any necessary legal arguments. They will also seek to establish facts and argue in favour of the client's position.
Step 9: Appeal and Settlement Negotiations
If the client is not satisfied with the outcome of the trial, they may have the option to appeal the decision to a higher court. The lawyer will guide the client through this process, assisting with the appeal brief and any necessary legal arguments.
Engaging the services of a commercial litigation lawyer can be a complex and involved process. By following these steps, however, clients can navigate the legal landscape with confidence, knowing that their matter is being handled by an experienced professional.
If you require advice from a commercial litigation lawyer for a litigation related matter, or a commercial lawyer in Chatswood for a broader commercial issue, please consider TY Lawyers for all your legal advisory services. To learn more about our team of friendly Lawyers in Chatswood, please visit our website here.