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Home » Breach of Contracts » The Art and Science of Litigation:/Common Challenges

The Art and Science of Litigation:/Common Challenges

February 4, 2017 by Marc Shea

Clients involved in contested matters come to attorneys for guidance regarding the litigation process.  Oftentimes, clients on opposite sides of a dispute believe 100% in the justice of their cause, yet, in the usual case only one of the sides will prevails in the litigation.

Contract litigation attorneys are schooled in the art of risk assessment.  They will examine the contract, investigate the facts, and identify issues to be resolved.  It is not uncommon that a contract litigation case will balance, and turn, on a few key issues.  Sometimes that balance point has to do with witness credibility on one or two key factual matters; other times, it has to do with which law should be applied in the analysis.

Experienced trial attorneys believe that at a trial nothing is certain.  There is always a risk that even the best looking case can be lost at trial.  Most trial lawyers put that risk at not less than 10%.  Of course, in some cases, it is not clear at all which side should win or lose; the contest is too close.

Like guides in a wilderness, litigation attorneys help their clients recognize and hopefully avoid unnecessary risks.

Filed Under: Breach of Contracts, Business Disputes, Business Litigation, Contracts

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