Unlawful Court Acts
The main objective that a court representative has is convincing the court that their client is right. The proper combination of a well-founded legal stance with convincing evidence as well as a prepared speech at the court hearing are the ingredients for a successful case outcome.
However, situations arise, when it would seem that everything that needed to be done for the case to go successful in court was done and all of the arguments are refuted with rebuttals along with attached evidence but the court ends up siding with your opponent anyway.
What could cause such a turn of events? How do you explain to the client that a case was lost while under all objective signs it should have ended with a win? How do you also, at the end of the day, explain to yourself that all of the efforts you exerted in the case ended up being all for nought?
Such situations may arise for the following reasons:
First, it may be due to a mistake on the representative’s part. Making the wrong choice right out the gate in terms of the adopted legal stance, the method of proving rectitude, and case handling tactics may result in it crashing and burning. For instance, suppose that the representative forgot about the reduced time period for the statute of limitations, causing the lawsuit to be rejected. To avoid such situations, the representative must search for all the flaws in the case which may lead to a loss in court as well as remember about the procedural timelines and the relative and allowable methods for providing proof.
Secondly, it could be an error on the judge's part. Judges make mistakes too, and the greater their workload, the great the chance of them making a mistake. In order to prevent such a court mistake from occurring, the representative's job is to convince the judge as demonstrably as possible of their stance. In doing so, they can use clean argumentations in their speeches and formalize written arguments resorting to legal design elements.
Thirdly, it may be a deliberately issued unlawful court act. There may different reasons for that: For instance, the judge may pity one of the sides and their emotions may prevent them from making a legal ruling. Such a case is the most harmless since the higher up instances will doubtfully cave in for one of the parties.
The situation is trickier though when an unlawful, dirty ruling is issued onto the hands of the judge or when one of your procedural opponents is one of the high-ups of this world used to getting cases resolved only in their favor. Yes, the court system is flawed and these phenomena can be encountered in practice. In these situations, your only chance is to do all you can so that the judge(s) are uncomfortable as possible making the unlawful ruling. In other words, the judge needs to have to rack their brain to justify their court ruling. It’s very likely that the higher the instance, the harder and harder this will be to do.
When we first begin working with our clients, we emphasize that there is never a 100% guarantee that the case will be a win. Only fraudsters make such promises. Not a single representative can be certain that the court will take their client's side for the reasons mentioned above. The representative’s task is to do everything they can to achieve a successful resolution of the case. Meanwhile, the client's role in the court process is very important. Certain actions are not well-advised to be delegated.