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 »  Home  »  Business & Finance  »  Legal Issues  »  Litigation, not for the birds
Litigation, not for the birds
By Rutman & Rutman | Published  02/20/2007 | Legal Issues | Unrated
Rutman & Rutman
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Brampton - The ostrich is a flightless African bird with a notorious reaction to stressful situations. Simply put, they stick their head in the sand and hope for the best. If this were a winning strategy, we could all wake up millionaires.

Some conflicts in life can be resolved with open communication and a willingness to listen. But more serious conflicts can also arise, which are not so easily resolved. Perhaps your mortgage has gone into default; your receivables are aging with no prospect of payment; or you have been terminated without cause or notice. Brampton has the busiest courthouse in Ontario for a reason. Some conflicts only get resolved by a judge.

The rules of court, which govern how a case gets to a judge, can be tricky and complex. The procedural issues in a case can, and often do, take more time to resolve than the dispute itself. For the inexperienced litigant, who is often just seeking a resolution to their dispute, the complex laws and complex procedures can represent an insurmountable obstacle. In short, they need the help of a lawyer.

Unfortunately, the cautionary tale of most lawyer jokes is that they charge too much to do too little. For this reason, many people are afraid of retaining a lawyer. For some, the thought triggers a cold sweat. As a litigator, I see too many people who mimic the ostrich, sticking their head in the sand and hoping for the best. Like our flightless friend, these people are very vulnerable.

As your advisor, your lawyer works to minimize your vulnerability. Giving legal advice is more than just assessing whether you have a good case. Your lawyer should assess both the opportunities and the risks of your case, and develop strategies to overcome the obstacles you face in achieving success.

This process begins with obtaining all of the facts and conducting a proper investigation. Only through research and investigation can your lawyer be prepared, informed and committed to formulate a winning strategy and maximize your chances of success. Your lawyer should be the last person with their head in the sand, hoping for the best.

Written by:
Wesley Jackson, litigator with Rutman & Rutman


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