Civil Litigation: Strategy and Practice
This guide aims to steer law graduates and lawyers through each step of the civil litigation process from meeting the client through to the conclusion of the matter – what they are, what you need to know and how best to approach them.
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Civil Litigation: Strategy and Practice provides the knowledge that is otherwise earned by following the lead of senior practitioners, by trial and error or by a combination of both. It is an indispensable guide for litigation lawyers of all ages and experience who aspire to improve and enjoy their practice of the law.
The authors, each experienced litigators, provide simple advice on initial client contact, estimating fees, maintaining healthy client relationships and how to do your part in getting a successful outcome for the client including tips and guidelines on:
- client management;
- litigation strategy;
- preparing for and attending appearances;
- mediation and settlement;
- court etiquette;
- dressing appropriately for work and court;
- briefing counsel;
- preparing for trial;
- self-care; and
- progressing your career.
• Unique content - no comparable Australian book at present.
• Valuable resource for organisations seeking to understand and apply the legal and redress framework in this context.
• Civil Procedure in Australia
• Civil Procedure: Commentary and Materials, 8th edition
• Zuckerman on Australian Civil Procedure
Table of contents
- Chapter 1 - Introduction
- Chapter 2 - Court rules and practice directions
- Chapter 3 - Initial client enquiries
- Chapter 4 - Deciding on capacity and expertise
- Chapter 5 - Assessing causes of action
- Chapter 6 - Gathering evidence
- Chapter 7 - Briefing counsel
- Chapter 8 - Providing advice to the client
- Chapter 9 - Notifying the other party - letter of demand
- Chapter 10 - Commencing proceedings
- Chapter 11 - Case management hearings
- Chapter 12 - Other types of pre-trial hearings
- Chapter 13 - Pleadings disputes
- Chapter 14 - Security for costs
- Chapter 15 - Summary judgment
- Chapter 16 - Further and better particulars
- Chapter 17 - Interrogatories
- Chapter 18 - Discovery and inspection
- Chapter 19 - Expert evidence
- Chapter 20 - Mediation/conciliation
- Chapter 21 - Settlement
- Chapter 22 - Papers for the judge
- Chapter 23 - Trial bundle / book of documents
- Chapter 24 - Witness statements / outlines
- Chapter 25 - Opening written submissions
- Chapter 26 - Issuing subpoenas / third party discovery
- Chapter 27 - Trial
- Chapter 28 - Receiving judgment
- Chapter 29 - Costs orders
- Chapter 30 - Interlocutory injunctions
- Chapter 31 - Costs management
- Chapter 32 - What to wear - robed/unrobed
- Chapter 33 - Business attire for women
- Chapter 34 - Looking after yourself
- Glossary of potentially confusing terms