How to Build a Case in Family Law
There are different ways that a lawyer will go about building a case. His angle will depend on the type of the case and the proposed outcome. He will discuss strategy and make plans before he finalizes the forms and files the papers. Whether it is a personal injury lawyer and divorce and family law, the way a case is built will generally be the same. Of course, each attorney has their own way of doing things, but some of the basics are as follows:
Consultation
The attorney will sit down with you and discuss the case and what you would hope would be the outcome. If he thinks that you have a viable, winnable case he will accept the task. If he does not think you have much of a case for one reason or another, he will direct you to either consider mediation or to change aspects of the case as it stands. Make sure that the attorney you are talking to offers a free consultation in case this is not the one that will be beneficial to your case.
Initial Filings and Findings
After accepting your case, the attorney will start gathering all of the necessary information and forms that he will need to file your case legally. In the case of personal injury, sometimes just having a lawyer representing you can get the insurance companies ready to offer settlements in a much faster fashion.
Responses and Refilings
After the initial filing, the attorney will receive the response from the other side about how they see things. Hopefully, the two parties will not be that far apart and a far and equitable compromise can be reached. However, if this is not possible, then there will be a request (or motion) for a formal hearing or a trial.
Depositions and Discovery
Both sides in the case can bring in witnesses and ask questions without a judge present in a deposition. In this formal hearing, the attorneys can find out each version of the events as well as see which witnesses might be good in a trial situation and which they would rather skip. Discovery is the exchange of all evidence that both sides must abide by. Whatever evidence is going to be presented by your attorney must be sent to the other side in a timely manner so that it can be looked over and inspected. The reverse is also true.
Hearing, Trial and Settlement
In most cases, a trial never happens. During the days before the trial is to start, both attorneys will be back and forth with offers, counteroffers and deals to avoid having to go before a judge. Once the other side offers a deal that your attorney thinks is a good one, he will encourage you to take it. You do not however, have to agree with him and can insist on heading to trial instead.
This article is not legal advice.
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Related Legal Information: For more information on how to build a legal case please visit http://tampapersonalinjurylawyer.org
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