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The
resolutions of disputes occur mainly in two basic
ways, settlement or trial. A settlement occurs when
the parties can reach an agreement as to the amount
of money to be paid to resolve the dispute. Trial
occurs when the parties cannot reach agreement. At
trial the outcome is decided by Judge or Jury. Although
most cases do end up settling, the agreement is based
on what the parties think that the Judge or Jury would
do based upon the evidence that would be produced
at trial.
The
evidence to be produced at trial is of four types,
physical evidence, demonstrative evidence, factual
witness testimony and expert witness opinion testimony.
The better the evidence, the better the chance of
a favorable outcome.
The
resources of a law firm come into play by understanding
what evidence is important, gathering that evidence,
analyzing all evidence pro and con, knowing how to
present pro evidence and knowing how to attack the
con.
It
is the attorney's level of knowledge which enables
the understanding of what evidence is important. Knowing
what is important dictates what is gathered. It is
the attorney's knowledge and experience that enables
the analysis of the evidence pro and con. It is the
attorney's knowledge and experience and skill which
enables the persuasive presentation of pro evidence
and the effective cross-examination of the con evidence.
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