Litigation Lawyers Parramatta
Top Rated Litigation Lawyers Parramatta
What Do Litigation Lawyers Parramatta Do?
Litigation Lawyers Parramatta, also known as litigators represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes.
Tasks we perform for our clients as Litigation Lawyers Parramatta can vary based on the nature of the dispute and whether we’re representing you as the plaintiff or the defendant.
How can Litigation Lawyers Parramatta help you?
We serve out clients in any and all types of litigation and dispute cases. Whether you have a small dispute with a neighbour or a larger dispute such as disputing a will or deceased estate, we are solely focused on securing your fair share in the eyes of the law using our experienced litigation lawyer Parramatta.
Unlike in the movies and TV law dramas, our role as litigation lawyers parramatta isnt focused around dramatic courtroom confrontations. In fact, most of the litigating process is a strategic dance in which each side seeks to find holes in the other sides position and prepare itself for negotiations and trial.
Our speciality at Optimum Lawyers Parramatta is to reach the best settlement outcome out-of-court for you, this often requires a period of exploring the facts and testing the strength of each others legal case. If the other side is unwilling to settle on terms the client will accept, the only recourse may be to proceed to trial.
As the best litigation lawyer Parramatta, we have excellent communication and negotiation skills. Even more important is our ability to create and present a convincing legal argument for your case.
While our duties as litigation lawyers Parramatta differ depending on whether we represent you as the plaintiff or the defendant, the process is still similar.
Our role as litigation lawyers Parramatta can be split into seven parts:
- Pre-trial motions
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Litigation Paramatta Phase 1: Investigation
As soon as you walk through our door, our specialist litigation lawyers Parramatta starts by listening carefully to gain an understanding of your situation. Our experienced Lawyers Parramatta will know quickly whether your legal position is strong. In some cases, our litigation lawyers Parramatta will need to conduct further investigation and legal research in order to be able to properly advise you of the best course of action.
This investigation stage involves detailed review of the your documents, contracts and other material. We go one step further by always consulting an expert in the relevant field where required. For example, if your case is a building dispute, our litigation Parramatta lawyers will speak with a civil engineer, who may later become an expert witness in the case.
Our litigation lawyers Parramatta will then proceed to performing legal research at this investigative stage. This is essential in order to properly advise you about the best course of action.
These early stages of litigation are the most important ones because they set the scene for ensuing litigation. The more information we as your litigation lawyers Parramatta have from the beginning, the better strategy we will develop to protect your interests.
Litigation Paramatta Phase 2: Pleadings
One of a litigation lawyers Parramatta first tasks is to prepare the initial pleadings in your case; or in other words, the formal written complaint that initiates the suit (if our client is the plaintiff) and the defendant’s formal written response to the complaint (if our client is the defendant).
These early pleadings are critical because they often define and limit the types of strategies that we can present to the court later in the case, if it proceeds to that stage of litigation.
For example, if a plaintiff’s written complaint does not include a particular claim, the plaintiff’s lawyer might not be able to raise that claim later in the proceedings.
Similarly, if a defendant’s response does not raise a particular defence, the defendant’s lawyer may be barred from raising that defence. So, because these initial court filings can limit the scope and options of the parties’ later contentions, careful legal research is vital before submitting the pleadings.
Drafting pleadings is a form of art in itself, because both sides may be in the dark about certain facts. For example, the defendant may possess information that the plaintiff does not have, and vice versa. This is why it is extremely important to find and work with the best litigation lawyers Parramatta. Our experienced team draft a pleading that is specific enough to satisfy the court while also leaving ‘wiggle room’ to accommodate the twists and turns that the litigation may take.
Further, the court does not always grant permission for amendments to a pleading, so our litigation lawyers Parramatta put an enormous amount of thought and strategic consideration into the process of drafting pleadings, such as a written complaint or a written answer to a complaint.
Litigation Paramatta Phase 3: Discovery
In the litigation discovery stage, each party must provide relevant documents and answer questions posed by other parties. The basic purpose of this mandated sharing of information is to enable each side to develop a fuller understanding of the underlying facts.
Drafting discovery requests requires a significant amount of skill and experience, especially because litigation lawyers knows that the opposing party will be reluctant to share information which could damage their client. So, our carefully crafted discovery requests are drafted so as not to provide wiggle room.
In the event that the opposing party refuses to share documents or respond to particular questions, the party can be sanctioned by the court, even up to the point of declaring that the party has forfeited the lawsuit.
Further, in the case of responding to discovery requests, no lawyer wants to harm a client’s chances of winning the case, so lawyers draft answers that provide the minimum that will satisfy the client’s legal duty to share information. If a party’s answers to discovery requests are too vague or are otherwise deficient, the opposing party can ask the judge to order more complete responses, with severe sanctions to be imposed for failure to comply.
Some types of information are shielded from disclosure, such as the content of conversations with a lawyer. A ‘lawyer-client privilege’ shields from discovery any information reflecting what the client said to his or her lawyer and vice versa. Clients can inadvertently ‘waive’ the privilege if they are not careful. So, our careful process ensures that no waiver occurs.
Litigation Paramatta Phase 4: Mediation
Mediation is an essential part of all litigation cases. This is where both parties meet in the presence of an independent court-appointed mediator, and attempt to negotiate a settlement.
Mediation is mandatory before any case can go to trial, and often occurs at several stages of the litigation. Settling disputes reduces judges’ workload and saves taxpayers money. Additionally, it is generally in the client’s best interests to settle before court to reduce legal costs and the overall burden of litigation. This is why our lawyers Parramatta focus heavily on settling out of court, and we have a great track record of doing so.
Litigation lawyers Parramatta are skilled negotiators. In the end, though, it is you, the client who decides whether to accept on any settlement offers. We provide advice and make recommendations about any settlement offer.
Each parties leverage in the mediation is the threat to continue with litigation and ultimately, to take the case to trial if required.
Litigation Paramatta Phase 5: Pre-Trial Motions
In the pre-trial phase of the litigation, the parties clarify the issues for judgement at a trial, which usually involves filing motions and requesting a ruling from the judge. For instance, a defendant may ask the judge to dismiss one of the plaintiff’s legal claims as groundless or asking the judge to bar a proposed witness from taking the stand as a witness on the grounds that the testimony will be ‘hearsay,’ meaning unreliable second-hand information.
When a formal pre-trial motion is filed, each parties lawyer will submit a legal brief to argue that side’s position. The plaintiff’s brief will detail reasons why the court should grant the motion, and the defense brief will do the same but argue that the judge should reject the motion.
Writing solid briefs is one of our core skills which have enabled us to win time and time again. Our brief rely on detailed legal research to present a well-reasoned argument why the client should prevail on the motion.
The law often is not black and white when it comes to applying statutes, regulations and case law to a particular set of facts, which is why the outcome of a case can be influenced by the skill with which the litigation lawyers Parramatta writes the legal brief.
Litigation Paramatta Phase 6: Trial
In litigation, the trial is the pointy end of the matter. In other words, the majority of the work our litigation lawyers Parramatta do occurs before the trial.
At trial, a barrister will take the reins of the lawsuit from the solicitor. The role of the solicitor is to assist the barrister in preparing and conducting the trial. As the person with the most detailed knowledge of the case, the solicitor necessarily plays an essential role at trial.
Where a jury is involved in a trial, the outcome depends on how well each side’s litigation lawyer Parramatta can persuade an audience of average citizens that the law favors their client’s position in the case.
The judge will be called upon during the trial to make rulings regarding admissibility of evidence and other matters.
Litigation Paramatta Phase 7: Appeal
The outcome at trial does not necessarily conclude the lawsuit. In fact, the losing party can appeal the decision.
The losing party may argue, for example, that the judge erred in dismissing the lawsuit or had no legal grounds for barring the party from asserting a particular claim or defense.
An appeal will require a pin-point legal brief. This is another point at which our expertise as litigation lawyers Parramatta has enabled us to succeed time and time again in appeals by crafting a compelling legal argument that can turn around the case.
This again, is where the expertise of specialist litigation lawyers Parramatta can make a major difference in the outcome for your case—as indeed it does at every stage of the litigation.