A successful procedural strategy needs (i) a deep kwoledge of the procedural law; (ii) a sensible and well-grounded analysis of all the scenarios; (iii) to foresee our opponents arguments; (iv) collecting the good evidence and, finally, (v) to present before the court the good reasons our client has in the best light.
We defend our clients interests at court from the outset: (i) in contract drafting and (ii) in assessing client's opponent's arguments. Disputes between companies where bad drafting is involved are more frequent than it is thought. We strongly believe that procedural law should be taken into account in any contract drafting as we do. If you read a contract clause twice, it is probablby due to bad drafting. Sometimes, bad contract drafting is due to the difficulties to reach a clear and cut agreement during negotiation. This situations should be avoided at all costs. We help our clients to understand the legal technicalities of the case as well as the possible outcomes. This helps them to better conduct the first step in a dispute: to negotiate a transaccional agreement to avoid the judicial proceeding. Here, we are happy to provide our clients with the Hardvard Negotiation Project techniques.
When negotiating a settlement agreement is not possible, it is vital to collect and evaluate all available evidence. We collaborate with trustful and experienced witness experts (eningeers, audits, economists, etc.) to help our clients to collect all evidence and evaluate it in the right way.
Finally, we strongly believe in the importance of a good delivery of the reasons before the court. Demostenes used to say 'delivery, delivey, delivery' when asked about the most important thing in rethorics. Though some laywers think that in a modern judicial procedure the role of rethorics is far as important as it was in Greek and Roman times, we think that presenting well the case before the court, both orally and in writing, increases enourmouly the chances of success.