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How to win a court case
 
The single most important element in winning a court case is the client. A good client can make a bad case strong, and a bad client can make a good case go wrong.
 
What makes a good client?
 
A good client is reasonable and fair. Of course, by their own assessments, most clients think that they are being reasonable and fair. What is needed is an objective assessment of whether the client’s position is actually reasonable and fair.
 
Reason and fairness is usually represented by a balance. It’s not a coincidence that justice is also represented by a balance.
 
Making an assessment of what is reasonable and fair starts with an assessment of the client’s personality, reflected by the way they express themselves. Remember that there are always two sides to every story and only rarely is one side completely in the right.
 
Being able to present a reasonable and fair case usually depends on your client’s version of events and how they describe the dispute.
 
How your client presents their evidence is crucial because if you can convince the court that your position is fair and reasonable. The judge will naturally be strongly inclined in your favour.
 
The second most important element in winning a court case is that you will need good evidence. Just exactly what “good evidence” is not just based on the nature of the case; contract, negligence, family law, it’s also based on how strongly the evidence speaks to the receiver. Sometimes, evidence which appears to be slight can have a deciding effect in a case, because it appeals so strongly to the person receiving the evidence of because it simply and plainly illustrates the main point of the case.
 
The third most important element is that you need a good lawyer. Not all lawyers are suited for all cases. How the lawyer presents the case in court may determine whether you are successful or not. Good lawyers, like good clients should appear to be fair and reasonable.
 
Next, you need a good judge. While a good lawyer will be able to advise as to the risks you have in pursuing your case, no lawyer can guarantee the result. The result is not determined by the client or the lawyer, it will be determined by the judge. However, if you have a good case, a good client, and a good lawyer, you will probably find that the judge will be good to you too. Judges are human, and therefore are not perfect, but they will always try to do what’s right, just and fair.
 
Last, but not least, you will need good luck.
 
This article is for general information only, and should not be relied on as legal advice in any particular case. Consult a lawyer for advice on your case.
 
At our firm the lawyer to consult is Patrick McMurchy. To schedule an initial consultation with Patrick McMurchy, please call 250-753-6435 or email: linda@islandlaw.ca.

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