Good morning,
Taking someone to Court
I often have clients coming to me wanting to commence litigation. Taking legal action should be your last resort, as court proceedings can be complex and uncertain. Here are the important considerations and steps to take before deciding to go to court:
- You must have a clear and specific loss;
- You must be able to determine whether this loss can be quantified in monetary terms;
- You must have evidence which can be physical, electronic or circumstantial;
- Your evidence must be strong enough to support your case. If it is just one person’s word against another’s you will need to have further evidence to support the verbal agreement.
Court proceedings usually consume large amounts of time, money and stress. For the uninitiated, it can be like walking into a quagmire. Without careful consideration, although having a good case, the court may not necessarily find in your favour. I always endeavour to negotiate matters and if possible, come to a compromise which both parties can live with, to avoid going to court. No matter what, when you go to court no one will end up happy. You may win moneywise but lose relationships time otherwise more profitably spent along with suffering unnecessary stress.
Steps to Take Before Going to Court
- I believe that you must attempt to settle, either by engaging in negotiation or mediation, to try and resolve the dispute amicably. Settlement can save both parties time and money, and may preserve relationships.
- If settlement is not possible, then it is critical that you prepare your case meticulously by ensuring all your documents and evidence are organized and ready for presentation in court.
Whether it be a commercial or family matter, I have accumulated many years of business, family and legal expertise to evaluate and provide appropriate advice regarding the decision whether to proceed in court and then to manage your case, to achieve the best result.
If you or anyone you know is seeking advice or assistance with a court case, please have them contact me to discuss their case.
Best regards,
Jeffrey
0419 233 670
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Legal Disclaimer: This guide is for informational purposes only and does not constitute legal advice.