Not exact matches
So no matter if my client is ready
to take the
case to the mat or can't afford or does not want
to move forward anymore, opposing
counsel gets the same routine from me every time: «We can try
to settle the
case or just go
to trial.
Kenneth E. Riddett, who was legislative
counsel to the Senate majority for many years,
took the stand Tuesday at Bruno's federal
trial on corruption charges and spent hours answering questions about the lawmaker's financial disclosure forms that are at the heart of the government's
case.
When
cases involving self - represented litigants do reach
trial, they tend
to require more adjournments and
take longer
to resolve as a result of self - represented litigants» unfamiliarity with the rules of court, the rules of evidence and the law that applies
to their
cases, and the results self - represented litigants achieve tend
to be worse than the results they would have achieved had they had
counsel.
However,
trials often call for creativity in the absence of clear guidance, and anyone considering
taking legal action
to redress an injury should consider finding
counsel capable of making informed, calculated decisions in order
to best present the
case.
Conversely, if you are defence
counsel, you can use this report
to help you make an informed decision about whether you want
to settle or
take a
case all the way
to trial.
«I think the [Supreme] court reaffirmed the idea that... the oppression remedy is a broad remedy, [meant
to be] applied flexibly by a
trial judge,
taking into account the particular circumstances of any
case,» Douglas Mitchell of Irving Mitchell Kalichman LLP in Montreal and lead
counsel for the respondent, told Legal Feeds.
In some
cases, LAwPRO
counsel can help an insured lawyer head off a lawsuit by «repairing» an error (e.g., by assisting with a motion
to reinstate a dismissed action
to the
trial list) or
take steps that substantially reduce the losses that an error might lead
to.
«It failed
to take into account that oftentimes,
counsel do know what they're doing, the direction that a file is
taking, the time that it's
taking, and there [could be] multiple good reasons as
to why a
case wasn't set down for
trial or even sometimes why there wasn't a statement of defence,» says Murray.
This means that he develops his
cases as though they are going
to trial, and
takes a hard nosed approach with opposing
counsel.
The circumstances of the Shofman
case led Justice Campbell
to take the rare step of issuing a practice note for all defence
counsel, not just the
trial lawyer involved in the particular
case.
As Justice McEwan noted (paras. 19 - 20), it was a ten - day
trial «largely a result of the thorough approach the defendant
took to the
case,» even though «[c] ompetent
counsel might have cut the time in half, because
counsel generally know how much evidence is enough.»)
The second process is intended for
cases in which both parties are represented by
counsel and would apply
to trials that are expected
to take a week or more
to conclude.
The onus is on us as
trial counsel to assure that our
case is not
taking up a disproportionate share of the court's limited resources, bearing in mind the amount involved in the
case and the complexity of the
case.
Most importantly, where a
case could hinge on the credibility of the accused and can potentially be undermined by an e-mail statement, defence
counsel should consider challenging the admission of the e-mail in a voir dire, even if the
trial judge fails
to take the initiative
to do so.
• Resolved a patient complaint that could have
taken the hospital through a tedious court
trial by settling matters efficiently • Assisted patients with their daily tasks such as bathing, washing, grooming and toileting •
Counselled distressed patients
to ensure their comfort and wellbeing •
Took and recorded vitals such as blood pressure, temperature and pulse • Monitored patients» conditions and provided feedback
to nursing stations in
cases of problems • Provided education
to patients regarding the hospital's facilities and services and relayed feedback
to the management