How to Win a Lawsuit
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How to Win a Lawsuit
Introduction
There really is no secret to winning a lawsuit. First you need a good lawyer. You need good records about the subject matter of the suit. You need to make your case clear to whoever is deciding it, you need some good legal arguments and you may need a little luck.
Instructions
Difficulty: Challenging
Your Role
Things You'll Need
- An attorney
- Organized records
- Attention to detail
- Patience and a positive attitude
Steps
1
Step One
Hire an attorney whether you're bringing a lawsuit or you are being sued.
2
Step Two
Make sure to bring your lawsuit within the statute of limitations. As soon as you think you might want to sue someone, contact an attorney to find out how long you have to file your suit.
3
Step Three
Keep good records of business transactions and communications, whether personal or professional.
4
Step Four
Remember that email is discoverable. As an employee or a business owner, think carefully about what you write in your email.
5
Step Five
Educate yourself about the lawsuit you're involved in by asking questions so you can help your attorney either go forward with your lawsuit or defend you.
6
Step Six
Provide your attorney promptly with what he needs to comply with court orders or court procedure.
Tips & Warnings
- Often the person who can accurately present the facts and show why certain things were done is the one who wins.
- Use email to document issues and communications with employees or clients whenever you think it's prudent.
- Don't fool yourself into thinking you can handle your own case, other than perhaps in small claims court or traffic court. You need a good attorney to navigate you through the legal process if you want to win your lawsuit.
- Do not abuse email by disparaging someone else, sending inappropriate content or harassing someone.
- If your side does not comply with court procedure, you risk having your lawsuit thrown out.
Your Attorney's Role
Steps
1
Step One
Know and follow court procedure and file any necessary documents or motions with the court.
2
Step Two
Communicate with the attorneys on the other side and with the court.
3
Step Three
Handle scheduling of court dates, depositions or any other necessary steps in the process.
4
Step Four
Comply with discovery (with your help).
5
Step Five
Research the law and help you puzzle together the facts.
6
Step Six
Keep you informed about the progress of your lawsuit and explain the legal issues to you.
7
Step Seven
Make clear, persuasive oral and written legal arguments. Advocate zealously for you.
Tips & Warnings
- This article is not meant to be a substitute for legal advice from an attorney. Contact an attorney who practices in your jurisdiction if you are being sued or want to sue someone and you want to win the lawsuit.
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