Not all cases filed in the court end up in a hearing, most of it, particularly commercial cases are settled before the trial begins. This presents an opportunity for lawyers to search for effective ways to settle cases earlier and provide a win-win solution between his or her client and the opposing camp, giving more noticeable value to the clients.
This is because, most people who hire lawyers do not want exhausting trials in the court that often makes them shed out unnecessary expenses, disruptions of their daily routine and activity, and the uncertainty that they will prevail in the case.
If you are planning to hire a lawyer for a dispute resolution, you should read first how do they do their jobs and appreciate how they help people.
Below is a list of their jobs in handling dispute cases. So, take time to read and understand each one of it. The article on this page is from the dispute resolution lawyers Melbourne.
- They draft pleadings- There are different pleadings and motions that are required to be filed with the court on behalf of both the defendant and the plaintiff during a lawsuit. A dispute resolution lawyer or a litigation lawyer drafts and files a summon and complaint to start the lawsuit while the defense attorneys’ draft answers and counterclaims as a response to the initial complaint against their client. The defense attorneys then collaborate with their clients to conduct an investigation regarding the allegations of the lawsuit to formulate their responses to the court. Litigation lawyers also draft several pre-trial motions that include a strike or dismiss evidence or to request in changing the venue of the trial because this might file some motions for judgments that are rendered based of the pleadings so there are no necessary court appearances in the case.
- They do the discovery process- This portion of a lawsuit usually involves the exchanges of all the relevant information between the opposing parties where the litigation lawyer employs a variety of discovery devices to gather more useful information crucial to his or her client’s case. This is also called interrogatory methods wherein a series of written questions that the opposing party to the lawsuit have to answer one-by-one, and this is in writing and under the penalty of the perjury. This includes depositions that involve oral questions usually presented by the opposing attorney in an office set-up that should be answered under oath.
- Pre-trial assignments- The weeks leading to the trial is a time where the litigation attorney wraps up the discovery devices and prepare for the court. Litigation attorneys or lawyers often consult with and provide good advice to their clients at the same time retain expert witnesses, as well as attend the pre-trial conferences, and the development of the strategies essential during the trial based on the facts and evidence gathered.
- Settlement possibility plans- Usually dispute cases never reach trials but instead it is already settled to prevent both camps from having bigger expenditures of the case and making it a lengthy trial in the court. Part of the Legal Services of Litigation lawyers are the ones who initiate negotiations to the opposing camp and participate in mediation and settlement conferences with the judge.
