Litigation In Law: Eight Key Points To Note

By Cami Ezenwa

Introduction

Litigation in law is a subject of intense study in the United States of America, Great Britain, Nigeria or even India. It has an important place in justice administration.

Conflicts are inevitable in society. This is because societies are made up of individuals, and such individuals are of divergent births, upbringings, education, political and economic persuasion as well as aspiration. It is given therefore that there would conflicts given their tendencies to perceive or interpret the many issues of life differently. This different perception to things is a ready precursor to conflict.

When entities in a society disagree, there are usually resolution options available to them, litigation being one of such.

What is litigation in law?

According to the Cincinnati College of Law: “Litigation is generally thought of as the process of resolving rights-based disputes through the court system, from filing a law suit through arguments on legal motions, a discovery phase involving formal exchange of information, courtroom trial and appeal”

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To enable society and all its constituent bodies to continue function smoothly there has to be conflict resolution mechanisms in place.

Litigation in law as a Conflict resolution mechanism

There are three basic conflict resolutions mechanisms thus: mediation, which involves the invitation of a neutral party to intervene on a case and to try to bring the feuding parties to a mutual agreement; arbitration in which a neutral party acts as judge of the matter, pronouncing a judgement or judgements after listening to the feuding parties, and lastly litigation, when the two previous options have failed to bring about an agreeable settlement.

Burlingtons at burlingtonslegal.com see litigation as the process of taking a dispute to a court of law, when the parties involved cannot resolve it within themselves.

It is the last leg of the conflict resolution tripod. For some people, litigation is the most common type of comprehensive dispute resolution, with a judge as the learned arbiter, and this makes all the difference. All manner of conflicts can be resolved followed litigation.

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Pitfalls to avoid handling a litigation case

If you are a counsel, the litigation is a tool in your hands to prove your competence; but you won’t do well of this, if you do not master the litigation process. So, first and foremost,

1. Have a good grip of the process: The litigation process should go thus: proceedings and filing of defence
2. Pre-trial procedures

• Trial

Litigation in law: What Not To Do

Attorneys Noreen Evans and Deirdre Kingsbury, attorneys in law list what not to do pursing a litigation case:

• Be on time: This enables you to retain the right frame of mind for whatever the process would require of you. Do not allow anything make you crash into the court.
• Be properly (some would say professionally) dressed. There is a level of orthodoxy that the law expects, and if you want to beat convention, be ready to face a barrage of questions and oppositions
• Do not miss your deadlines in submitting required documents as this may lead to your being barred
• Do not submit insufficient evidence. Insufficient evidence leaves gaping holes in the arguments you want to canvas.
• Ensure your claims are accurately directed. Doing otherwise may jeopardise the case
• A good workman knows his tools perfectly. Respect to due authorities is part of the important tools during a litigation trial
• Respect the opposing counsel, even when it appears to you that you have an overwhelming upper hand, and the other, floundering, miscalculating, inaccurate or floundering.

Litigation in law could therefore involve a lot of intricacies, which you must master so you do not commit legal blunders.

-Additional reporting: AOD Attorneys on Demand & Burlingtons,