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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
