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Wednesday, 30 October 2013

Steps Before Filing a Legal Case

Have the plan to knock the doors of the court for any legal dispute (civil or criminal)? What you should keep in mind and how to prepare for filing a legal case? Here are some basic steps:-

  • First and foremost, check whether you can file the case according to 'Law of Limitation Act, 1963.' Simply put, this act stipulates the period for each type of case the period within which you can / have the right to file the case.

  • Collect some background information about the case and find out relevant sections of the Act, under which your case falls. This will enable you to present your case to your lawyer.

  • You should then collect a list of evidence, including documents, photographs and other relevant documents. Prepare a list of people who can act as witnesses for your case and arrange an interview for them by your lawyer.

  • A more cost-effective option is to settle the dispute out of court.

  • As the case (in India) will drag for several years, you should be mentally prepared to bear litigation cost, paying fees to the lawyer and also the mental and emotional stress. This will have the impact on your job and business.

  • You should also keep in mind that losing the court case can damage your reputation.

  • Most important thing you should keep in mind that the defendant may file a countersuit against you. Needless to mention that you will have to incur the cost of not only your case but the cost of case filed by your defendant.

  • Choosing the right lawyer is another important task for you. Choose the right lawyer who has sufficient / vast experience in handling your case. Conducting a background check of his education, skills and experience will enable you to decide whether to go for him or not?

  • Never hesitate to ask any type of questions, doubts or clarifications (related to the case/his fees etc. ) before and during the case. This will avoid misunderstanding between you and your lawyer.