Tuesday 6 June 2017

How To Identify A Competent International Litigation Lawyer

By Robert Wilson


International litigation is a dispute or lawsuit that involves to parties in different judicial jurisdictions. This means that each party is operating under different procedures and laws. This is a complex situation that you will need an experienced international litigation lawyer and not just another attorney. The complexity of such a situation demands an experienced firm that also has footing in such an specialization.

The cases differ considering that there are public and private laws. The two fields are distinct but there are areas where the two cross. For instance, human right issues do not have private or public jurisdiction. The public laws cover such areas as international boundaries, sea, trade, environmental issues, etc. There also are criminal offenses prosecuted under international law.

Private law is dominated by corporate battles and disagreements by corporate entities. They are mainly about unfulfilled contractual agreements or contravention of laws when transacting businesses. Inheritance sometimes finds its way into this level and relevant laws have to be applied. In such cases, governments are required to intervene. Where governments are involved, they could be suing for taxation, mergers, competition, etc.

The consequences of such litigation processes, knowledge of prosecution and cost demand the involvement of a competent and experienced litigator. Inability to understand international environment, trade, borders, human rights, etc could lead to loss of the case or an unfavorable outcome. It may also lengthen the case causing you to lose more. The choice of an experienced litigator will determine your chances of success.

It is a fact that all lawyers are trained and admitted because they understand the law. However, attorneys specialize in different fields of practice. When checking the credentials of your chosen attorney, go for one who specializes in your area of interest, e. G. Environment, human rights, business, etc. You need a passionate attorney who is also experienced and knowledgeable to increase your chances of success.

Ask among peers and within your network for a successful attorney. It is likely that an associate or partner has had such a dispute or knows someone who needed such services in the past. Ask for a referral. The performance of such an attorney will have been ascertained. This is unlike hiring an amateur trying his ability with your case.

Spend time with the litigator before signing a contract to understand more about his or her approach. This gives you a chance to gauge how well your case will be handled. From the response you get, you can detect whether the litigator understands the issue. You will also judge his or her interest in your case. Vet several litigators before settling on the most suitable one.

Your success in international litigation will depend on the attorney you choose. An experienced and knowledgeable litigator will deliver better quality services and a better chance of success. You need to ask around and perform due diligence before signing the representation contract. Be ready to pay for the cost of litigating at this level.




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