civil law

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September 22, 2013

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When you are engaged in a dispute you need to lodge a case in order to preserve your rights. However, is it worth even pursuing your case? In other words, do you have a good enough case that justifies paying court and lawyers’ fees, and undertaking the required effort?

When you make a decision to lodge a case there are a few points to be considered. First, we need to evaluate the legal position. This shall depend on:

  •     The applicable law. Which law will be applied in order to resolve the dispute?
  •     Do the local courts have a jurisdiction over the dispute?
  •     Is there enough evidence to prove what is claimed?

After making a good evaluation and determining there is a good chance of receiving what is claimed, we must evaluate the chances of the judgment being executed and collection of what was awarded. This shall depend on:

  •     Whether the other party is a natural person or an entity.
  •     If the other party is a natural person, does he have enough money, assets, property etc, in order to guarantee collection of the claimed amount, in case he refuses to execute the judgment.
  •     If the other party is an entity, is it a company or an establishment? And if it is a company, then what type of company is it? Is it a personal or capital company?

In both evaluations – winning and execution evaluations- there must be a good channel of communication between the plaintiff, which is the client, and his lawyer.

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