Litigation – An extremely complex process with a very simple definition!

Litigation management or legal matters management is a term that is doing rounds in the business arena for some while now. With the increase in consumer awareness and availability of knowledge in public domain, industries are focusing highly on legal matters to make sure that the company does not fall into any legality which may cause damage to the company’s reputation and ultimately leading to decrease in profitability of the business. This also leads to compromised focus on business expansions & development. To help you understand the nuances of corporate litigations, we present  you a blog series that would take you through the corporate litigations, the challenges that you might face in case management, how a legal workflow management software may be a solution to the problems and what are the important functionalities that are must for a legal management system. But before going into the deep let’s first understand what litigation is.

The connect between hard times and litigation - Nasser Malalla - Advocates  & Legal Consultants

To define litigation, we can say that litigation is the process of taking a legal action. Synonyms of the word litigations are legal proceedings, legal actions, lawsuits, legal disputes, legal cases, legal contests, judicial proceedings, and legal processes, prosecution of charges, indictments and trials. Right from notice management  to trying to settling the dispute outside the courts to expense management to legal data management to managing ongoing litigations to legal date management, all fall under purview of litigations.

To start with, let us understand what a notice is and why is it so important. Notice is a formal way of informing a person or a party that they have not acted in accordance to what was expected by them and you intend to take a legal action against them. It is a kind of warning that is given to the person before initiating a legal action. One needs to reply or react to the notice received within the given deadline. If the party doesn’t reacts on-time then the issuer of notice can file a case in court of law. Generally parties prefer settling the issue outside the court and notice is the stage where it is usually done. 

So we can understand the level of importance notice management has for a party. To summarise:

  • Deadlines needs to be handled with utmost attention so as to not to get into legalities.
  • Settling up of matters outside the courts is done in here.
  •  It helps in avoiding unnecessary law suits thus helping control a lot of time and money.
The Risks of Litigation - Bishop & Sewell

After notice, come the cases. If the party who has received the notice doesn’t reacts to it on time then the issuer files a lawsuit and this lawsuit is known as a case. Ongoing lawsuits are very critical and it needs to be handled properly. There are quite a few steps that are taken while managing cases.

  • It starts with retrieving data related to the case
  •  It also requires to contact the people who were involved directly or indirectly in the case
  • Once all the data is assembled, then one has to decide the counsel of advocates who are going to represent us in the court
  • After selection of advocates, strategy is to be determined which might be decided on the basis of case information , or some previous case handled on similar lines or may be by using other information
  • There is a need of calendaring the hearing dates and tracking of time
  • Another important aspect in case management is making sure that performance of advocates are being monitored
  •  And finally expenses done for the legal case management needs to be monitored and controlled
  • Closure of case – to analyse whether the same is in favour or against us
  • Taking subsequent actions
  • Understanding & strategising between the desired output versus the cost of time & money put in a legal matter

I hope after reading the above blog, you have got a bit of clarity about what litigation management is , what notice management is and what case management is. But that’s not just what you need to understand. There is an enormous amount of information that is coming up in the subsequent blogs. Till then, if you want to have a good time understanding how a litigation works then I would suggest you to go through our product, LEX MANTRA– A web based and role based litigation management software.


Click on the below link to get a view of what Lex Mantra can do for you.
www.lexmantra.co.in

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For more information contact us on ! + 91 9871796611

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