What does it take to win in court?

By Alexandra Mititelu We all know heard at a certain point in our lives that the key to succeed in everything you do is 10% inspiration and 90% perspiration. Well, when it comes to lawsuits this formula must be slightly improved. As I am a young and inexperienced lawyer, I had to turn to my mentor in order to find out how to win a lawsuit. The answer that she gave me changed my entire perception of what I thought as a law student that a lawsuit is. She first asked me if I liked playing chess. When, ashamed, I confessed that the art and craft of chess is still a mystery for me she sighed and asked me: Than why did you become a lawyer? . Tangled, I began babbling something about a lifes dream, a desire for justice and an urge to help people. She told me that those were very nice things to say, but those wont help me much in really making a career in law. Then she explained to me that in order to win in court you first, like in any other strategy game, have to perfectly master the rules. Anyways, that would fall into the 90% perspiration category. But, besides inspiration and knowledge, you have to be a person who should win the case. This is why we have the rules, so the good guys can win. Indeed, the rules are written for that purpose. Justice is for all, but who abide by the rules. Therefore, the saying I above mentioned, in a court matter should be like at least 50% justice, 49% knowledge of the system and 1% inspiration. You cant have one without the others. Hence, about the 50% of justice I must say that it is unfair and highly unusual to win a lawsuit without being entitled to. Even if Romanian Courts of Law are blamed and badly talked about, most of the judges are people of good faith, well-trained, unbiased and just. They have a good knowledge of the law and a deep respect for peoples fundamental rights. Under active role, a general principle of Procedural Law, they guide the justiciables throughout the entire proceedings in order to settle the truth and give a lawful and thorough decision.

When subject to a lawsuit people tend to spell out the truth in their own advantage. This is not necessarily a sign of mala fides, but may be a result of fear and desperate seek of what they think is rightful to them. As a lawyer, one must keep in mind that he works with people and people are subject to feelings and most of the times they dont speak the whole truth as to influence the lawyer to fraternize with their cause. Its an attorneys job to find out the real status quo and as much as possible about the circumstances before deciding the strategy and even before presenting the case to his client. Forecasting and advising the client without completely understanding the situation may result in a total fiasco. The 49% of perspiration is the part where everyone should better hire a lawyer. Even if someone knows that they are right, he needs the proper means to persuade the judge that they deserve an in favor decision. Rules control judges. Rules control the other party. While giving an open opportunity to present your case and demand fair hearings and an impartial trial they apply to everyone. So, the opponent also benefits from that. Even if there is the active role of the judge, the trials are governed by the rule of disposal that is no court gives more than asked. Everyone may conduct his own trial, is entitled to and no court may deny that right. But, there are cases when even the law imposes the presence of an attorney. The purpose is the protection of everyones rights. A trial is not a parlor game. Lives and fortunes hang in the balance, so one has to keep in mind that proper representation makes usually the highest difference. The legal world is a world of concepts and institutions that are not easy to understand. The Romanian law is available to everyone, and anyone may read the provisions they are interested in without much effort. The tricky part is the understanding of the provisions and how they are applied. This is why people turn to lawyers. The lawyers have to keep themselves informed about the legal movements all the time. In an always changing legal climate, like Romania, information and updating is vital.

When choosing the lawyer, one has to remember that a strong wining reputation doesnt guarantee success. Every case is unique and the smallest detail makes a total different situation. This is why it is important to be honest with the lawyer from the very beginning because an impeccable knowledge of the law may be useless without a thorough awareness of the facts. The hard work in conducting a lawsuit consists of building an adapted to the facts strategy, on the grounds of previous experience and an excellent theoretical training. Last, but not least, the 1% inspiration, well that is the one thing that comes along with innate talent but also trained instincts. The inspirational blink is something that may save the day. For this someone has to be smart, but also a little bit lucky. This one percent of the formula may come as a detail hard to spot or a niche in the law, or simply a previous experience in solving a similar situation. For this reason my mentor taught me to keep on open eye and to listen to what happens in a court of law, when waiting for my case to be discussed. You may never know what you hear and how that can help you later. They say that a man learns from his mistakes, but it I think it is more profitable to learn from the others. What I believe is that you dont know until you try, but this does not apply when it comes to lawsuits. We all have to bear in mind that a lawsuit implies costs and charges and a lot of time and effort. So, we shouldnt regard the lawsuit like the first remedy. People should try and negotiate transactions or go to a mediator because these solutions are cheaper and a lot less exhausting. A lawsuit in Romania takes years and no lawyer, no matter how good and prepared can guarantee wining it. By resorting to mediation parties may split expenses and reduce losses. Although it sounds bad, compromise is usually a safe and good path to follow. It brings immediate result and may also prevent future conflicts. Victory is one of the most satisfying feelings, but also it usually takes a long time and a lot of energy.

Finally, when someone is in front of an imminent lawsuit, no matter if as claimant or defendant should think twice before proceeding and take into account the risks, the costs, the odds and the time until a solution. There are alternative remedies that can minimize losses for both parties. Of course, this stands for civil lawsuits. When it comes to crime trials, the affair is outright different. Crime trials are usually initiated by the prosecutor, apprised by a complaint or intimation and the defendant doesnt really have other remedies at hand. Life and usually time at stake, the burden of proof must be carefully approached. The Romanian Constitution and Criminal Code following the European Convention on Human Right respect the principle innocent until proven guilty. This means that the prosecution must carefully built a case against the defendant and the latter is entitled to bring evidence in his favor for demonstrate his innocence or for giving effect to mitigating circumstances. No matter if someone walks into a courtroom as a justiciable or a lawyer, as a claimant or defendant, they must always proceed in good faith and with respect for the Law. Although sometimes it works against us, the Law was made to protect people and to prevent, the sanctioning role being subordinated to first two purposes.