-Evidence: Claims, arguments, statements made by the plaintiff or the defendant during the procedure must be supported by material or personal evidence. Material evidence is documents, or other items that prove claims, that is, support arguments. Personal evidence is that which implies that a third party (witness, expert, etc.) confirms certain claims. The clearer the evidence, the greater the chance of success in the dispute.
-Precision: During the procedure, care must be taken to present the arguments precisely. The actions of the parties must be such that the demands made by the party in the proceedings do not “overflow” into unnecessary claims and evidence, but the action must be focused as precisely as possible on the point that is to be achieved, both with arguments and evidence.
-Gaining the judge’s trust: In my opinion, the most important factor that affects success in a dispute is gaining the trust of the one who decides. If the judge suspects the intentions, claims or any other type of behavior of the litigant (plaintiff or defendant), the chances of success in the dispute are almost non-existent. Bearing in mind that a judge must be adorned with virtues such as discernment, a detailed approach to each procedure and the like, it is clear that any form of abuse of rights, in any sense, must be avoided.
-Appearance: The appearance of a lawyer or the litigant itself is very important. As unimportant as it may seem, the way litigants or their attorneys act and treat each other, both physically and in any other sense, greatly influences the decision that the judge will make in the end.
-Context: When presenting facts and evidence, an especially important segment that lawyers, as attorneys-at-law, must keep in mind is the context in which they present the validity of their claims. The context shows the factual basis on which the whole concept of representation is based, and in this sense, it must not be set too broadly, but neither too narrowly, because in both cases the probability of success is reduced. Therefore, success in the dispute is guaranteed only by a properly set context related to the evidence and the way of proceeding in the dispute.
Leave a comment