In business, when you are compelled to institute litigation against another individual or business, or you need to defend your business against a legal case instituted by another person or business, you invariably need to choose a commercial lawyer or business lawyers Melbourne to prosecute the litigation. It is important to choose the right trial lawyers, commercial lawyer or business lawyers to conduct your case effectively and ensure your success.
Your attorney should ideally be capable of stepping beyond the legal aspects of your case and conduct due research to strategize the process towards the best possible outcome. Throughout the process of litigation, your attorney should brief you and work for the best results for you. If you never had reason to be exploring the legal profession or befriend some good legal professionals in your neighbourhood, finding the right professional can be a daunting task. Therefore, we have culled out some useful tips to help you along the way.
Researching professionals accessing information about people, businesses, services, and doing this is relatively easy. You only need to find some quality time and focus on your needs. In most jurisdictions, you can find a website where attorneys are registered. This registration can be mandatory which means you will find all individuals who have registered under a particular jurisdiction through this website.
Once you have picked some names, the next step would be to get more information about each one of them. Look for online reviews, any potential proceedings against the individual, their overall standing and all other relevant information you can gather. At the end of this exercise, you are expected to have a list of about 6 names and you move on to zero down to 1 or 2 names. However, you can always have an exploratory conversation with all the attorneys you selected before zeroing down to one or two of them. Making a brief of the task on hand with a few bullet points of the key elements will ensure that your communication covers most aspects that an attorney would need to know initially.
In the legal profession, many attorneys offer free consultations before determining whether the dispute or issue you have on hand can be prosecuted effectively and what the potential outcome could be. This affords an excellent opportunity to find the most promising professional for your litigation. How much time is the attorney devoting to your case during this free consultation, is he communicating effectively, are you getting focused answers to your questions? Further, does the free consultation evidence a good understanding of the dispute/issue on hand by the legal professional? Sum up all the free consultations to find answers to these and other questions to help you find the right trial lawyer for your litigation.
Sometimes it may be advantageous to engage smaller law firms than the bigger and more established firms. The major reason for this is that smaller firms tend to have lesser load compared to the larger firms and therefore can focus more on the case you have. Further, in smaller firms, the attorneys are generally more communicative and it is a lot easier to establish close personal rapport. Easy accessibility is another important factor when you work with smaller firms.
Similar to the medical profession, the legal profession has an endless list of specializations. There are also the civil laws, criminal laws, personal laws, family laws, contract laws and even potential subdivisions under each of these heads. Therefore, the trial lawyer you entrust your case with should have thorough experience with the relevant specialization and some past cases to demonstrate his/her abilities. In other words, a family lawyer may not be the best choice to prosecute a contract dispute and vice-versa.
During your initial meeting with the lawyer, you should be able to gauge whether he/she is oriented and responsive to your expectations and needs. Check if you can call the lawyer during the currency of the litigation for updates and discuss any issues that may come up in the middle. If he/she is not very receptive to this idea, then you may have difficulties in communicating your thoughts/questions and getting the answers when the case is in progress. You should also know what system the lawyer follows for periodic updates and whether he/she would remain the main contact person throughout the currency of the litigation. Once you have engaged a lawyer, it can be pretty difficult to change him/her till the end. Therefore, you should make doubly sure that the attorney chosen by you is communicative and accessible.
When you start negotiating the cost of your litigation, oftentimes, it is difficult to get a fine quote because, during the course of the litigation, there can be many eventualities with a financial cost attached. New evidence may need to be arrayed, new witnesses may have to be examined, potential surprises from the opposing side to be countered and so forth. Yet, it is essential that you have a broad idea of what your financial commitment would be. One way you can minimize the anxiety related to cost is to get a maximum fee that the attorney would charge for your case. You should also discuss flexible options to pay the agreed amount of fees across the tenure of the litigation. Another point for consideration is flat fees versus hourly fees, contingent fees or a mix of hourly fee and contingent fee etc.
Every litigation need not be loaded in your favour. If there are weak spots in your case, does your lawyer throw light on these and suggest ways to work around them. If your lawyer is exceedingly optimistic about winning the case for you, you should be wary and look for another lawyer who is more honest and straightforward.
Some businesses have a permanent legal adviser associated with the business. In this case, prosecuting potential litigations is easier since the legal adviser is responsible for finding the right trial lawyer or perhaps handles it all by himself. But, for business owners who never had the need to tread the legal world, the process of finding the right trial lawyer should be well researched to arrive at an informed decision.