When involved in litigation, your lawyer has an essential role in assisting you in achieving a successful result. In today’s article, we explore 6 questions your lawyer will ask that will help his or her approach to building a successful case strategy.
- How did this incident arise?
The first question the lawyer should ask is how did this happen. For example, in a personal injury case, your lawyer would understand the general theory about how the accident occurred. From here, they would try to figure out if the other driver was going too fast. Or if the victim was not paying attention, or if there was a mechanical failure. At the beginning of the case, a general theory should be thought through. Accidents do not happen in a vacuum; there is always more context. A good lawyer will find out what that context is.
- Is there another side to the story?
When looking at witness statements, your lawyer will determine if they reveal a theory consistent with your initial theory or an alternative theory. Approaching this from the outset allows your team to be aware of any counter point or story the otherside may throw together. The idea is that you should be prepared for anything.
- Is the theory supported or undermined by real or physical evidence?
Is there any audio or video evidence that can assist? Remember, we are living in the age of smartphones and devices. Any additional evidence could lead to a bigger win for you so your lawyer should be ahead of and on top of gathering physical evidence.
- Is there evidence of experts or police reports?
Your legal team should also look to see if there is evidence of experts or police reports. If so, how does this fit in with your initial case theory? Are the answers satisfactory on the witness statements with the police, medical or other expert reports? Your lawyer should be looking to everything and anything that helps make your case.
- With all of the information gathered, does your theory still hold?
Your lawyer will take account of all of the evidence and information and ask if the initial case theory still makes sense. Your lawyers job is to ensure that the story makes sense and that all the pieces are there to tell the story accurately and consistently. And if not, what they need to still gather to ensure that the theory holds.
- Are there gaps or missing pieces of the jigsaw puzzle? If so, why?
Finally, before the case goes to trial your lawyer will ensure that there are no loose threads. The idea is that your case and story line are rock solid so that there is no doubt in anyone’s mind about the storyline in question.
Now that you have an understanding of how your lawyer will work when building a successful case theory it should make the process smoother and stress-free.
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