Legal issues are complex and multifaceted the world over, hence the need for clients to invest in credible and qualified counsel to guide them in the legal process. Individuals seeking justice for perceived criminal or civil wrongs often end up misrepresenting facts or entangling themselves with costly legal suits due to lack of adequate exposure to legal proceedings.
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For instance, in the absence of qualified counsel, only a few victims would independently wade through the waters of tough legal matters involved in deciding whether to take a settlement package or pursue litigation. The present paper purposes to illuminate some varied advantages that the counsel may avail in helping a client decide whether to take a legally abiding settlement package or continue with litigation proceedings.
The benefits of involving the counsel are many and varied. First, the advocate is better placed than the client to perform a cost/benefit analysis that would not only contemplate the potential litigation results and potential settlement outcomes, but also the shorter-term and longer-term costs that may be involved.
This way, the victim would know which way to proceed for maximum benefits. Second, it is beneficial to engage the counsel when making such a decision as they are better placed to advise the victim on a multiplicity of rights under the legal jurisdiction. Many victims end up losing court battles or entitled settlement packages due to inadequate knowledge and/or ignorance of their rights under the law.
Third, it would appear prudent to engage the counsel as they have the legal capacity to make decisions on whether to proceed with the litigation or initiate settlement proceedings soon after the dispute occurs based on the victim’s financial capabilities.
In the absence of qualified counsel, plaintiffs have proceeded to incur considerable legal costs litigating a lawsuit while the best option would have been to settle with the opponent to avoid incurring hefty costs. It is definitely worthwhile for the victim to consider settling a court case if the financial and material costs of litigation far surpass the sum that may be awarded when the case goes to full trial.
Fourth, the counsel would assist the victim to not only assess the merits of the case, including the factual and legal strengths and weaknesses of the case, deposition results and witness credibility assessments, but also deal with any evidentiary challenges that may arise and how to overcome such challenges in the pursuit of maximum outcomes.
These functions will assist the victim decide if it would be in their best interests to take an early settlement package or pursue litigation. Fifth, the counsel would assist the victim to keep strict court deadlines that are vital in preliminary proceedings to avoid technical or legal disqualification.
Lastly, a counsel would be better placed to deal with taxation issues that may prove fundamental in reaching a decision on whether to accept a settlement package or continue with litigation.
It is important for the victim to engage the services of the counsel right from the start to avoid falling into the many pitfalls that present in our legal system.
Indeed, it is preferable to engage the counsel in drawing up the case and consolidating the facts before presenting it to the jury if the case is expected to garner in-depth legal clout. More importantly, the counsel is better placed to understand the legal terminology of any contract or settlement offer the victim may wish to enter into, implying that their services are needed right from the outset.