วันอังคารที่ 23 กุมภาพันธ์ พ.ศ. 2553
The ten essential qualities of a Civil Litigation Attorney
In every field of law, a lawyer who wants to succeed must distinguish certain skills and character that will allow him or her from the rest of the pack of lawyers they have. These skills vary with the areas of law. Organizational capabilities and transaction costs are more favorable to the lawyer for business planning, while the scientific and technical knowledge to enable the patent attorney, to be successful. Lawyers civil litigation should be to achieve or possess certain skills that will help attract and retain customers, winning cases and possibly make the new law. What follows is a list of 10 most important qualities that a civil litigation lawyer should possess, in descending order.
10. Knowledge of rules of evidence:
Many civil cases often turn on the admissibility or inadmissibility of a particular document. Many practicing lawyers are able to have an adequate knowledge of rules of evidence, and lack the knowledge to answer how and when and how to object, an objection. In many cases, missing object, or a theme for the maintenance costs of the application, customers can lose far more in legal fees, or even worse, cause the client to the case. Furthermore, a lawyer may issue a rule on the rules of evidence, both as a shield or a sword in the inclusion or exclusion of important evidence.
9. Confidence
An essential element of the attractiveness of companies is the way in which a self-evaluation of projects as a lawyer. Trust is more than just empty bravado, the false confidence. Gives confidence to the customer, the judges and against the lawyer that you need a complete management of the case and able to control how and where it flows. In the context of designing a climate of trust, it is necessary first to read your audience and adjust your behavior accordingly. A customer does not want a lawyer who offers them the opportunity to choose easy for them. One customer wants a lawyer, a real lawyer, who can answer, and a firm and confident recommendation. Without confidence in their lawyer, a client? S Trust for this lawyer decreases, and the potential for future orders is small.
8. Organizational skills
Although not the most important skill, especially for the experienced litigator, organizational skills are important, both for efficiency and the image is left on the clients. No customer is looking for a lawyer to appear in disarray, are without any idea where some documents in the pile of papers on his desk. Litigators are usually not lawyers more organized, but it is important time to organize files and to take the work areas. The organization projects the customer to have control and also lets you use your time efficiently.
7. Honesty
Too often, lawyers are prone to a customer what they want to hear, but say it should feel like. Appease a client with a false or misleading answer may make customers happy moment, but you can taste the end. Honesty includes telling a client when the type of event that usually can not handle, while referring to another qualified lawyer. The loss of these businesses could hurt in the short term, but the customer will remember, when a problem that you have a tight grip or to specialize in honesty, as a matter of policy and customer relations should be of fundamental importance .
6. Learning ability
Along with honesty, a lawyer should strive to never lose the ability to learn a new area of law. The majority of customers come to you to solve their specific problem and particular, and consider it a burden and a waste of time if you must refer to another lawyer. In assessing the client, you must first decide whether their problem in an area of law where one can educate themselves in a relatively short time. Only if the new area is so unique that it does them a disservice, you need to refer clients to other lawyers would. As students of law, we must never forget, learn new areas of law. The law evolves, but it is the lawyer who has always analyze and interpret, which remains the law of success.
5. Clearly Explained Fee System
Some complaints about a policy? S stems from disputes over legal compensation. To prevent this, it is always necessary to put on paper and explain clearly to the customer, the method of billing, whether it is time billing or emergency. Additionally, many billing disputes, if there is a gap in the understanding of the customer that the fee is paid before or after taxes. A clear and detailed fee agreement reached at the first meeting many of the records may help avoid litigation, and may also help prevent the action the disciplinary committee was filed.
4. Negotiation skills
The vast majority of cases never appear before a jury, but the desire to make a case to court too often a factor that may facilitate the negotiations for the settlement. If you are able and willing, in any case before the court for the defendant, and, above all, the defendant insurance company will start the negotiating process. At the trial, you must do so in good faith but we believe that it should be kept in connection with the "always the best solution for a customer. Studies have shown that cooperative negotiators aggressively militant was able to make an offer favorable settlement. Whatever your particular style, it is important to note that you probably have a lot back to the person in your work area in the future, it must do so in good faith, this appropriate behavior and offers to ensure in the future.
3. Interpersonal
The need for interpersonal skills honed not only the law, but their importance is for practicing lawyers more than most other professions. The Civil litigator spends most of the day talking and meeting with colleagues, clients, judges and staff. Every relationship needs a different set of social skills. Some of these conditions are necessary management skills, while others the ability to listen, and the question of meaning. In contrast to transactional lawyers are civil litigators speak comfortably with people and have many different types of people. If a customer does not personally, as his lawyer, are less likely to have a lawyer in the future, sometimes regardless of the outcome of the first back.
2. Persuasiveness
Every litigator must move the skills to do so, the judge, jury, clients or opposing counsel in a particular subject area. In each context, the power of persuasion is crucial. Whether it's to convince opposing counsel that his case is stronger than you, or convince a customer that provides a solution for the best of what must be preserved, the quality in the foreground. If a case goes to court, won the party does not usually have the most convincing, a clear statement of law. Underlying the idea of persuasion is the ability to understand and relate to people. If you can identify and relate to the public, are impressive tackle their problems and the performance of your vision. Harnessing the power of belief leads to success in civil litigation.
1. Ability to communicate clearly
In order to have a big thing, or an event until we can understand their theory of justice can win. What differentiates successful from unsuccessful cases, the lawyers and judges? S ability to communicate, take responsibility for decisions, the judge and the jury, the premise of the theory and the reason for the selection of candidates will result. Communication is more important that combines faith or social skills, or other factors. The reason for this is that communication is all important attribute that a successful lawyer must seek the underlying civil litigation. Who communicate and understand what is the reason for your communication, and be on track to be forensic successful civil and vastly improved
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