5 Habits of a Successful Defendant
The most common reasons for filing a court case is when one believes to have been financially, morally, or legally wronged by another. By their nature, court cases are often emotionally charged and can carry significant financial consequences for the parties. The party initiating the case (the plaintiff) generally has a strong motive for bringing the case to court and will generally do everything possible to ensure that the case is won. (Last month, we talked about the different strategies plaintiffs can use to win their cases.)
If you are the defendant (the one the lawsuit is being brought against), it may be necessary to have a solid legal defense to convincing the court why you should not be required to face the consequences or pay the damages being brought against you. Here are some tips to consider to successfully defend your case.
HABIT #1: Be Prepared
While there is no way to ever predict someone else's behavior, you may find yourself in a situation where you believe a you may be sued in the future. For example, you may have a customer, client, or neighbor who is upset and believes you have wronged him/her in some way. If you are in this situation, it may be helpful to prepare now. Documenting your actions and all communications with the other party can make gathering evidence in the future a less burdensome task.
HABIT #2: Organize Your Evidence
Many court cases are based around one party's word against the other. In this scenario, having hard-hitting evidence to support your position is imperative. Without evidence, all you have is your word - and unfortunately, that may not be enough to convince the judge or jury. Evidence comes in many forms, such as photographs, emails, text messages and a time line of events. Your Lake of the Ozarks attorney can council you on what types of evidence will be most valuable for your specific case.
HABIT #3: Get Witnesses
Depending on your case, eye witnesses may be one of the most valuable forms of evidence you have. Eye witnesses are people who personally view the circumstances surrounding the case that can support your position. These witnesses will tell their versions of the story to the judge and jury members and can greatly improve your odds of winning.
HABIT #4: Be Cooperative
While the judge and jury will carefully evaluate your evidence, they are human and naturally subject to the same types of assumptions and prejudices that everyone else is. If you are difficult or uncooperative throughout the trial process, you may give the judge and jury reason to believe that you are hiding something. Being cooperative throughout the entire process often gives you a better chance of a favorable outcome.
HABIT #5: Hire An Attorney To Represent You
No matter how cautious or prepared you may be, it is generally a good idea to hire an experienced litigation attorney to be on your side. Your attorney will be intimately familiar with the different tips and tricks of the trade and can help you strategize the best way to approach your case. Sometimes, hiring an attorney even serves as the more cost-effective method - while you will have to pay the attorney for his/her services, the money they can save you in damages and/or fines may more than make up for the cost of the services rendered.
If you find yourself in need of legal help at the Lake of the Ozarks, remember that the attorneys at Phillips, McElyea, Carpenter, & Welch, P.C. will be here for you! Our experienced Lake of the Ozarks lawyers will be able to guide you through whatever legal situation you may be facing. Give us a call today!
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
If you are the defendant (the one the lawsuit is being brought against), it may be necessary to have a solid legal defense to convincing the court why you should not be required to face the consequences or pay the damages being brought against you. Here are some tips to consider to successfully defend your case.
HABIT #1: Be Prepared
While there is no way to ever predict someone else's behavior, you may find yourself in a situation where you believe a you may be sued in the future. For example, you may have a customer, client, or neighbor who is upset and believes you have wronged him/her in some way. If you are in this situation, it may be helpful to prepare now. Documenting your actions and all communications with the other party can make gathering evidence in the future a less burdensome task.
HABIT #2: Organize Your Evidence
Many court cases are based around one party's word against the other. In this scenario, having hard-hitting evidence to support your position is imperative. Without evidence, all you have is your word - and unfortunately, that may not be enough to convince the judge or jury. Evidence comes in many forms, such as photographs, emails, text messages and a time line of events. Your Lake of the Ozarks attorney can council you on what types of evidence will be most valuable for your specific case.
Depending on your case, eye witnesses may be one of the most valuable forms of evidence you have. Eye witnesses are people who personally view the circumstances surrounding the case that can support your position. These witnesses will tell their versions of the story to the judge and jury members and can greatly improve your odds of winning.
HABIT #4: Be Cooperative
While the judge and jury will carefully evaluate your evidence, they are human and naturally subject to the same types of assumptions and prejudices that everyone else is. If you are difficult or uncooperative throughout the trial process, you may give the judge and jury reason to believe that you are hiding something. Being cooperative throughout the entire process often gives you a better chance of a favorable outcome.
HABIT #5: Hire An Attorney To Represent You
No matter how cautious or prepared you may be, it is generally a good idea to hire an experienced litigation attorney to be on your side. Your attorney will be intimately familiar with the different tips and tricks of the trade and can help you strategize the best way to approach your case. Sometimes, hiring an attorney even serves as the more cost-effective method - while you will have to pay the attorney for his/her services, the money they can save you in damages and/or fines may more than make up for the cost of the services rendered.
If you find yourself in need of legal help at the Lake of the Ozarks, remember that the attorneys at Phillips, McElyea, Carpenter, & Welch, P.C. will be here for you! Our experienced Lake of the Ozarks lawyers will be able to guide you through whatever legal situation you may be facing. Give us a call today!
Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
The choice of a lawyer is an important decision and should not be based solely on advertising. When you need a knowledgeable attorney, we invite you to contact us to set up a consultation. Evening and weekend appointments are available. We have access to interpreters.
We accept Visa, MasterCard, and Discover.
85 Court Circle N.W., P.O. Box 559
Camdenton, MO 65020 GET A MAP
(573) 346-7231 - Telephone
(888) 236-2485 - Toll Free
(573) 346-4411 - Fax
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