For most people, acquiring a piece of property is a cherished goal in life. Getting the required guidance from Commercial Property Lawyers or a Commercial Lawyer before you decide on investing in a property will save you many potential headaches in the future. When you overlook the involvement of a legal professional in the process of acquiring a property, you can potentially face a property dispute some time down under. The cause of dispute can come from a wide array of sources like a volatile neighbour or landlords walking away from a contract, sudden volatility in price and so forth. Irrespective of the reasons, you will need an experienced property dispute lawyer to resolve the issues. But, before you choose commercial property lawyers, there are several measures you should take so that you reduce the time running between the lawyer and your home collating all the information that is required for effectively prosecuting your case in the Court. We have collated the following tips to help you along the way.
Set Your Objectives
Before you even start identifying a commercial property lawyer, you should set your objectives very clearly. The best option is to write out the specific dispute referring to the relevant part/s of the contract and explaining how those have been breached. This will set the tone for all further actions from you as well as the lawyer you choose. Once your objective is clear, it gets a lot easier to find your lawyer with the required experience and expertise in prosecuting the case. You should also understand that the process of dispute resolution can consume several weeks or even months. Often, the opposite party will be keen to gain as much time as possible before a verdict is pronounced. Further, you should also have adequate clarity on the expenses involved in prosecuting the case as well as the time you or your representative may need to spend in the court. In certain instances, your lawyer may be able to take a conciliatory approach and resolve the underlying issues through a meeting with the opposite party and his/her lawyer. This is one way to avoid long-drawn litigation too.
Understand Your Lawyer
Similar to the medical profession, there is a number of areas of specialization in the legal profession too. Though many lawyers may agree to take up any dispute/litigation, working with specialists will be to your advantage. Choosing law firms as opposed to a single commercial lawyer is another way to go. Law firms generally have a large complement of lawyers specializing in different branches of the law and can bring in their collective resources when needed.
Research Your Lawyer
Before appointing a property dispute lawyer, you should thoroughly research the chosen lawyer and ensure that he/she has the right type of credentials. Part of the information required will be available in the public domain while you may need to interact with a few professionals to gain an insight into a particular individual. The experience of the chosen lawyer with property disputes is another major consideration. In your initial meeting with the commercial property lawyer, you should understand the length of his/her experience and any past cases that he/she has handled successfully. As in any other field, experience plays a vital role in your success with the dispute.
The process of litigating a dispute can consume a significant length of time. Therefore, your commercial property lawyer should be communicative updating you at every stage of the process. At times, you may need to provide additional documents or facts to prosecute the case and your lawyer should communicate with you in time for such information to avoid potential delays. Ideally, your lawyer should have a clear idea of your goals and work towards achieving those goals.
Documentation is an important part of any litigation. Your lawyer is the best person to provide you with a list of documents initially required for filing the case and you can use the list to collate the documents. Ideally, you should retain the originals with you and provide only copies of the documents to the lawyer, except in instances where the court calls for the originals. A series of documents may be required to substantiate your claims though this may not be a challenge if you are organized about keeping all the related papers in one place.
Avoid Initial Escalation
Before preferring a legal dispute, all other options must be explored and exhausted. At times, it may be possible to resolve the issues by merely communicating your intention to escalate the dispute. Considering that the opposite party may also need to engage a lawyer and spend several months or years before the dispute is resolved, there may be an opportunity with both parties agreeing to allow certain concessions. Even if the dispute is compromised, it is desirable to seek the assistance of a property lawyer to ensure that all related paperwork is completed in accordance with the law.
Avoid Being Rigid
Once a property dispute has arisen, you should not adopt a vindictive attitude and set out to teach a lesson to the opposite party. Remember that you may not always end up on the winning side in any litigation. A calm demeanour and approach are always helpful in such situations and you’re being gentle can induce similar thoughts in the mind of the opposite party which will work to your mutual advantage.
Do Not Break Laws
Though this will apply to every conflict in life, taking the law into your hand can significantly impact the chances of your success in the court. Courts generally have an unfavourable disposition towards lawbreakers and you should be cautious about this. Even when you have a legally strong case, you can potentially end up on the losing side.
Before you decide to take legal recourse for any type of conflicts, it is desirable to through a short learning curve and understands what you are about to embark upon. In the digital age, it takes just an hour or two browsings through a sea of relevant information and put you in the position of an informed litigant.