Whenever there is a law case most of us have the initial thought of calling a lawyer but not many of us know the complicated role which a litigation lawyer performs. In the legal domain, litigation is a term used to refer to the court system of the resolution of disputes. It could be commercial disputes, employment-related problems, breach of contract, personal injury, and so on, but in any case, it is a litigation lawyer who leads clients through their complex path of defending or taking legal action. In the event that you have a dispute in Singapore, a good idea is to know how a litigation lawyer Singapore works and then have your way around the system in a clear and confident manner.
Understanding the Role of a Litigation Lawyer
The litigation lawyer also known as the dispute resolution lawyer, has the role of representing the clients in the civil lawsuits. They do both pre-trial preparation and advocacy at the courtroom. The court room is not the only place where litigation is practiced; actually, that is not where a lot of work is done at all. A litigation lawyer Singapore deals with the whole litigation process, including the initial consultation and evidence collection, settlement negotiation and trial advocacy.
The end aim of a litigation counsel is to settle disputes in the most effective, just and tactical manner. They examine the merits and the demerits of a case, devise a legal plan, and stand up on behalf of their clients- be it individuals, corporations or institutions.
Pre-Litigation: The Foundation of Every Case
There is a lot that transpires behind the scenes before a case is filed in court. This is referred to as pre-litigation stage wherein a litigation lawyer Singapore evaluates the facts, collects evidences and counsels the clients on the available legal options.
The initial job of the lawyer at this stage is to comprehend the intention of the client and whether he or she should proceed with litigation or not. In other cases, the negotiation, mediation, or arbitration may be used to settle a dispute, which would save time and resources. When the litigation is inevitable, the lawyer starts to prepare a solid ground to the case.
This preparation involves the examination of contracts, mails or financial records or any other communication that can be useful in the dispute. The lawyer also interrogates witnesses, pinpoints areas of law and finds the best arguments to pursue the case of the client. The idea is to create a strong case beginning to the end- one that would hold up in the court of law.
Filing the Case and Responding to Claims
After pre-litigation have been done, the second thing is to officially start a legal process. In the case of the plaintiffs, a litigation lawyer Singapore prepares and submits the required documents to the court e.g. statement of claim, affidavit or applications. These documents include facts of the case, legal support of the claim, and the relief.
In the case of the defendants, the litigation lawyer retaliates the claim by counterclaims or motions to dismiss, or dutifully by preparing the defences. They will make sure that every document is submitted within rigid time limits established by the Singapore courts. Exactness and keenness are also essential at this point. One mistake during the procedure may postpone the case or undermine the position of a client.
Discovery and Evidence Gathering
The discovery stage is a very important component of any litigation. It entails sharing of evidence among the parties so that they are transparent and fair. A litigation lawyer Singapore is instrumental at this stage, as he is in charge of the disclosure process, opposing evidence analysis, and finding inconsistency in the case presented by the other party or its weak points.
This phase may be a complicated and lengthy one. It can be conducted through a review of thousands of documents, witness statements, and the involvement of expert witnesses who would give special opinions.
Negotiation and Settlement
Although the notion of court is mainly linked to litigation, the truth is that the majority of cases are disposed of out of the trials. Many litigation lawyers Singapore appreciate the fact that negotiation is an effective method of reaching a good result without the risk and cost of a full trial.
During the litigation process, lawyers experience the settlement discussions, either directly with the opponent or with the mediation. They apply their legal, evidence and courtroom negotiation skills to settle on terms that favour their client.
Representing Clients in Court
In cases when the settlement cannot be achieved, a litigation lawyer enters the courtroom to defend his or her client in the court of a judge or a tribunal. This is the place of advocacy skills, legal expertise and strategic thinking.
A litigation lawyer Singapore argues, cross-examines and investigates witnesses and convinces the court by his arguments and by law precedent. Courtroom advocacy is not simply a matter of speaking in a persuasive way, but preparation, organization and a thorough knowledge of the case.
Post-Trial Actions and Enforcement
A litigation lawyer should not stop his work after the judgment is made. In case the result is unfavourable, they can appeal to the court of higher authority. On the other hand, when their client is victorious, they will be called upon to enforce the judgment- particularly when the defeated party is uncompromising. A litigation lawyer Singapore will help the client in the enforcement process to make sure that monetary damages or other damages awarded by a court are executed accordingly.
Conclusion
Suit is a very tricky and at times daunting experience, yet under the proper legal advice, it will be an easy and effective approach. A litigation lawyer Singapore is much more than a lawyer who simply goes to the court with cases, he also digs facts, develops plans, settles cases, and serves justice to everybody by taking the right legal procedures.