In civil lawsuits, people frequently have their depositions taken. A deposition is a question and answer session under oath between a witness and at least one attorney. When the witness is testifying on behalf of one party, either the plaintiff or the defendant, Legal Attorneys Near Me in Johannesburg the opposing party’s attorney will do most of the questioning. Usually, the lawyers for all parties are in the room, although not all of the attorneys present choose to ask questions. There is usually a court reporter present taking down what everyone says on a stenotype machine. There are many reasons for lawyers to take legal depositions.
Here are just a few. Rules The most prominent reason someone has to give a deposition is because a lawyer is not allowed to simply call up a witness for the other side and start asking questions. In fact, Female Family Lawyers Near Me they are not allowed to speak to them about the case when that person has been designated as a witness for another party. Instead, it must be done in a formal setting. The witness is usually subpoenaed and the lawyer that has designated that person as a witness will usually be present.Information When an attorney believes someone has information that will lead to discoverable evidence in a civil case, they are allowed to take their deposition.
The witness is required by law to cooperate and answer fully and honestly any of the proper questions asked by the lawyers. Oftentimes, the lawyer may not know all of the important facts of the case. There may be people, objective third parties, who witnessed a car accident or that have factual information that is crucial to the case. Learning what they know about it may shed light on the case before it goes to court. This prevents one side from springing surprises on the other during trial.Intimidation On rare occasions, an attorney will take the deposition of a witness for the other side to intimidate or make the person nervous.
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This is more common in domestic dispute matters, such as child custody or divorce cases. It also happens more often to the plaintiff, Help Finding An Attorney the party bringing the lawsuit. This is sometimes done to make sure the witness knows the lawyer means business. Playing hardball in a deposition is what happens when the attorney is purposefully trying to make the witness uncomfortable. This may be done to make sure they tell the truth and to find out if the person will drop the case, rather than have to go through similar questioning in court, as well if the case goes to trial.
Legal Attorneys Near Me in Johannesburg ?
Litigation means a trial, right? So what does it matter if you hire a litigation attorney or a trial attorney? Can't they both perform the same functions? Not necessarily, which is why it's important to do your research before you hire an attorney to help you with a litigation lawsuit.Litigation AttorneysFirst of all, litigation does not automatically mean a trial is going to happen. The vast majority of the time, lawsuits are settled out of court without ever going to a jury. This is due to the work of the litigation attorney or litigator.Litigation attorneys handle all of the work that happens outside a courtroom. They file lawsuits, gather evidence, conduct legal research, meet with the client, file and argue motions and defend their clients. This is all done long before a lawsuit even gets close to going to a judge and jury. Litigators may even attempt mediation to achieve an out of court settlement but if a case looks like it is going to go to court, these lawyers can take depositions and prepare clients and their witnesses.Although there are differences between the two attorneys, those differences don't make one better than the other. They each serve different functions and perform different roles. Working with both types will give you the best of both worlds: an expert lawyer familiar with the ins and outs of your case and an expert presenter who can best argue your position in court if it gets that far. Many law firms have both litigators and lawyers on staff, giving you access to both types of specialists under one roof.If you prefer to have a single lawyer represent you through the entire process, be sure to ask about his or her experience in court and specifically if it has included cases covering the same legal subjects as yours. Then you'll need to decide if the attorney has the experience you need to carry your case through to the end or if you're better off starting out with a litigator and hiring a trial lawyer if and when your case gets to the courtroom.
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Family law cases require a special type of attorney to handle them. They usually involve the unhappy conclusion to a long-term relationship. The personal matters of divorce, alimony, child support and child custody require an understanding lawyer who is also a shrewd negotiator. Legal matters in the District of Columbia are unique compared to other places in the United States, because technically, DC is not a state. This federal jurisdiction requires a special license to practice and has its own special laws.
When two people can no longer live together as husband and wife in marriage, it takes the skill and know-how of an experience DC divorce lawyer to handle the case. The terms of separation are just the beginning. Filing the proper paperwork and following the required guidelines is crucial to being legally divorced in the Nation's Capital. It is important to have a lawyer that is well-versed in divorce matters who can negotiate a fair division of assets, including marital property and debts. While some couples want a quick and easy resolution, others spend as much time and energy arguing about their divorce as humanly possible. The sooner both parties find closure, the sooner they can both move on with their lives. A skilled DC divorce attorney can help the process move along as swiftly and smoothly as possible, regardless of the circumstances.
One of the most difficult things about a relationship ending is that children are often caught in the middle. It is difficult to determine fair custody, because most parent feel as if they can never spend enough time with their children. Not all domestic situations are ideal for children, and may require one parent to handle full custody. Some living arrangements take a great deal of negotiating and maneuvering over logistics before a child custody situation that works reasonably well for everyone involved can be reached.
Child Support & Alimony
It is always easier for several people to survive financially under one roof than in two separate households. Finding the right balance under the DC child support and alimony laws, combined with the agreement of both parties as to which expenses are necessary and reasonable, can be very difficult. It takes a savvy and knowledgeable DC child support attorney to help the parties reach a satisfactory plan. The rights of both parents and the children should be considered. The financial guidelines suggested by the law may set some parameters, but each case must be carefully considered and worked out by the legal teams handling the case. The best lawyer is one that will fight for their clients' rights while trying to help establish a plan that is fair to all parties.