What makes a good civil litigator? Imagine yourself in a courtroom watching a civil process. So two parties argue, for example, about who has to get how much money from whom – perhaps because of a contract with a contractor that did not go well.
A lawyer works hard. She/He argues loudly with the judge, vehemently explaining why his client is an innocent victim and the opponent a crook. His lawyer just sits there and is silent.
You may now think that the civil litigator who talks so much is especially committed to his client. And the other one isn’t really interested. Most likely you are wrong.
A civil litigation lawyer who has to talk a lot in court has probably failed to do so beforehand. And the shrill tones come from the fact that he is on the defensive. The judge has just explained to him that things are not looking good for his client. And the lawyer argues against it massively, perhaps because of his volume and a good deal of insolence that the opponent becomes so insecure that he agrees with him – on a small payment or a small discount, simply to calm down to have.
The lawyer who is silent on the other hand knows that he doesn’t have to say anything more. He has already discussed the case in detail with his client, found out everything that was required, also asked for small but crucial details, and then explained the whole thing to the court in writing in a well-structured and legally sound manner. And now he can sit back and relax and watch the rival go down with flying colours. And in between, reassure his client and insist that he shouldn’t be unsettled by the theatrical thunder of the opposing attorney.
A good lawyer does her/his job before the trial. In particular, he takes time for the client and asks carefully. He demands numbers, data, facts, and documents that prove this. And he clearly tells the client in advance what is realistic and where he expects too much.
Sometimes that is exhausting and uncomfortable. It seems much nicer not to have to explain a lot. But simply to hear from the lawyer that the opponent is outrageous, that the whole case is a crystal clear case and you don’t have to worry or do anything else – you just go to court, and he, the lawyer, will do it. And then watch with a good feeling how your own lawyer roars and rages and shows it to the evil opponent and tells the stupid judge something of his opinion. Yes, you want a fighter like that – the result is secondary.
At Walker Law, they think you deserve better. And that’s why they don’t fight for you with theatrical thunder, but with facts and arguments. They are very professional in defending their client’s civil litigation matters.
When does a civil lawsuit make sense?
The answer to this question depends on a variety of considerations. Above all, this depends not only on legal but often also on economic considerations and risks.
Legal Considerations: Consistency and Evidence Risk
The first thing to consider is whether the desired process has a chance of success. To do this, the action must be admissible and well-founded. The latter means that the coveted claim is conclusive and that its prerequisites are met. You should also be able to provide evidence in the event that the defendant disputes the facts. This question alone shows that as a layman you will rarely find an answer to this on your own and should seek a lawyer.
Due to the large number of legal considerations that one has to make before a process, one should take an initial consultation with a lawyer in advance.