Category: lawyer

Litigation

Litigation can be described as a contest, on the issue of legal rights and liabilities, vide judicial proceedings in a court of law. There are two parties involved in litigation; it can be government and a private individual or any two private parties, or two companies having a dispute regarding certain claims and liabilities. The tussle can be regarding a claim over property, damages, specific relief etc.The contesting parties are represented by their councils called lawyers, advocates or solicitors. The litigation begins when the aggrieved party technically called plaintiffs files a complaint in the court against a defendant who has infringed the rights of the plaintiff by some action or abstinence of an action. The summons are served on the defendant to appear in the court and present his side and defends himself on the claims made by the plaintiff. The defendant should reply to the summons within the stipulated time.
The other important tool in the hands of citizens is Public interest litigation called PIL. In a matter concerning the public at large if anybody realizes the need to approach the court for any direction regarding a fundamental right or any other legal right, one can do so vide Article 226 in High Court. And one can approach the Supreme Court under Article 32 for violation of a fundamental right.

Legal fees

Next step is to find out the cost of hiring a lawyer .Generally charges vary with respect to merit and expertise in the matter. As a rule one should draw an outline of budget and the number of years the case might take to get resolved .Then one should narrow down on the expert lawyer one can afford and take appointment on phone. The fee details should be clarified in the first meeting itself so that you have a smooth relationship with your lawyer and there is no misunderstanding during the case proceedings. It is not advisable to switch lawyers during the case proceedings, hence all the details i.e. the fee, the expenses under different heads, lawyers commitment for your case for the specific time should be thoroughly enquired.

Specializations

The best way to find a lawyer is often is to take advice from acquaintances, relatives and friends. It is always advisable to talk to somebody who has faced a legal crisis similar to your issue. When faced with a corporate matter one can talk to legal manager in your company or take advice on phone from legal person in your friend’s organization. One can approach an NGO in case of a public interest litigation.  There are various websites on the internet displaying data on lawyers as per there area of specialization .There are directories mentioning list of lawyers practicing at various forums and courts. One can also approach law firms which can recommend a lawyer with specialization in your dispute.

Timely action is very essential so that you are not barred by the limitation period for approaching the court. Having screened and shortlisted a list of lawyers concerning your matter the next step is to check on the credentials of the lawyers. One can talk to community people about the merit and character of the lawyer .Your matter might take many years to get resolved, hence it is very important that you choose a lawyer with whom you share compatibility and feel easy and comfortable to talk about your problem. Mutual trust is a must in a lawyer and client relationship. As a client one should not hold back any information, fact, and data relevant to your matter. There are generalists and a specialist class of lawyers .Specialist is a lawyers who has worked under a lawyer with a specialization in a particular field of practice i.e.  constitutional law, criminal law, corporate law , public interest litigation , family law, mergers ,acquisitions, FEMA, MRTP, insurance, taxation , consumer law, property law, medical negligence, etc. The diverse nature of law often makes it essential for a lawyer to have worked under a specific field for a number of years to give him an expertise and grip of the legal and procedural intricacies. The years of practice are generally a valid ground to screen a lawyer. One should also take an account of the lawyer’s history with respect to his association with a law firm or senior as an intern or during the training period as this would give you an idea of his legal knowledge and expertise. The details of the number of cases handled and favorable orders received from the court.

Hiring a lawyer

The reasons for hiring a lawyer can be manifold .Certainly one would seek a lawyer  when stuck with an issue involving  legal position with regards to a right, liability, a relief sought under a crisis situation , a family dispute, a criminal charge, property matter, a contract , an agreement, signing a deed, consumer case, accident claim, damages, taxation etc   .
Law is a complex set of rules and procedures to establish harmony in human life. The innate nature of law is very technical and has a specific language for communication with exact definitions and connotations for each of its provisions. Hence there is a need of an expert trained and groomed to meet the challenges in the field of law. 
 Firstly one should have a clear knowledge of the facts involving ones case and a fair amount of idea, of the problem, one is seeking remedy for. It is always advisable to maintain a diary or a case file of one’s matter. It is very important to maintain a positive mindset. The person under crisis should be firm and determined to come out of the problem. One should be ready to do a little research on ones matter and then venture out to shortlist a lawyer with caution and not suspicion to avoid pitfalls in the end.