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Prospects of success: Lawyers perform a critical role in case screening


Dal Pont, G, Prospects of success: Lawyers perform a critical role in case screening, Law Institute Journal, (November) pp. 63. ISSN 0023-9267 (2017) [Professional, Non Refereed Article]

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It is logical to assume that a matter will go to trial where each of the contesting parties believes that he or she has good (or at least reasonable) prospects of succeeding. The logic is fortified by the application of the costs indemnity rule. Few rational litigants, it could be surmised, would press a matter to adjudication in the face of a strong prospect of not only proving unsuccessful (with whatever financial and other consequences may stem from this), but also being liable for (most of) the opponent's legal costs. Rational litigants, moreover, would take the advice of their legal representatives, who in an ideal world would, to the extent possible, accurately advise as to the chances of success (or failure).

Item Details

Item Type:Professional, Non Refereed Article
Keywords:Lawyers and case screening for success
Research Division:Law and Legal Studies
Research Group:Legal systems
Research Field:Legal practice, lawyering and the legal profession
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Justice and the law not elsewhere classified
UTAS Author:Dal Pont, G (Professor Gino Dal Pont)
ID Code:123766
Year Published:2017
Deposited By:Office of the Faculty of Law
Deposited On:2018-01-25
Last Modified:2018-01-25
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