Pre-Dispute Management
Choosing Right Advisor Can Save Million Dollars
Disputes go through several stages before reaching the litigation stage before the concerned Court of law. Hence, role of the lawyers and the legal consultants perceived as a vital in managing the dispute before it enters the litigation stage. Thus, role of litigation lawyer’s is primarily focuses on providing the sound advice and proper consultation to the clients upon the actions that should be taken to ensure their claim on due rights in the event of a dispute.
Nour Attorneys Law Firm is litigation consulting firm, which provides a team of litigation Lawyers that works in a highly professional manner to represent clients during all the stages of dispute starting with the pre-dispute stage as this stage requires preparation of all substantial evidence relating to the dispute and wisely representing the client during the said stage. Therefore, the next step would be initiating litigation or defense proceedings during the litigation stages, and when judicial proceedings are taken against our client, our Law Firm proceed with the work by doing the following:
Pre-Dispute Stages
1. The Pre-Dispute Stage
During this stage, Nour Attorneys Law Firm assists its clients through its team of lawyers and legal consultants in regard to pre-litigation procedures, including communication with the counterparty and drafting letters of claims to be sent through the client. For instance, if the work is ongoing between the concerned parties, our law firm assist the client to provide or collect evidence that contributes to strengthening his/her position in case of dispute, by guiding the client to send specific correspondence after getting it reviewed by our lawyers either by denying specific facts and/or to obtain written confirmation from the other party regarding certain matters that may be a subject of dispute at later stage.
Here are following illustrations showing our advice in such cases:
- Supposing in Construction Disputes, by assistance of our lawyer we build the defense of the Contractor (our client), by asking him to write the correspondence that his consultant was late to provide him with approvals on materials or drawings, and his engineering consultant provided him advice late, during the usual correspondence indirectly, and to notify developer on the previous delays by his concerned employees and to ask him to avoid doing so in the future. Such correspondence is intended to be used as a piece of evidence in the future if the contractor was held responsible for undue delay in completing the project.
- In labor disputes wherein salary of an employee (our client) has been arbitrarily reduced by his employer without giving him an opportunity of being heard, our lawyer provides advice to the client to write a proper representation to the employer stating his grievances and request him directly or indirectly to reconsider his arbitrary act of salary reduction. This advice applies to such situations especially when our client does not wish to take immediate action against the employer. Such correspondence is intended to ensure the right of our client to claim the salary difference in future before the court if he/she resigns later. This becomes possible due to the existence of a correspondence proving that our clients, as an employee, did not implicitly agree to the salary reduction.
2. During the Dispute
Nour Attorneys Law Firm team works through expertise of its litigation lawyers and assist clients in a highly professional manner. In case if a dispute arises between parties which can later be transformed into civil litigation and commercial litigation, our law firm’s team assist the client by responding to the other party’s correspondence directed to our client, referring to the previous references after reviewing them and ensuring their consistency with the documents available to the client. Furthermore, we assist our client to avoid acknowledging or disclosing any such thing that may lead to grave consequences later in case if the dispute was referred to the court.
Moreover, we send all the required legal notices to the other party, either to discharge our client of the responsibility or to request the other party to remedy the breach, or both, to resolve the dispute amicably before resorting to the court and to avoid the costs of litigation.
3. Amicable Settlement Attempts
Nour Attorneys Law Firm team of litigation lawyers works through its professional lawyers to assist our client in case if client and the other party are willing to arrive at amicable settlement of the dispute by way of representing our client in the negotiation and settlement meetings with or without the client’s presence in accordance with the consent of our client. During such meetings, our law firm present our client’s views with evidence to support his position and disprove the evidence provided by the opponent in order to strengthen our client’s position in obtaining a satisfactory settlement. All of this is done amicably within the framework, which we are authorized to act by the client to avoid court proceedings unless the client decides that he or she does not wish to settle the dispute amicably.
The Benefits of Settling the Dispute before Litigation.
There are various benefits for settling the disputes in amicable manner before resorting to courts or litigation. These benefits are for both the plaintiff and the defendant, as it is always preferred to attempt settling the dispute before litigation to enjoy the following benefits:
1- Saving Litigation Fees and Costs that the Plaintiff may not be able to Get Back
You may have to pay a considerable fee for litigation, or you may ask for the postponement of the litigation fee, but there are always possibilities of losing the lawsuits. You may think that there are chances to win the lawsuit, however, there are always variables that may arise, such as that the opponent may have convincing arguments or undisclosed documents. Hence, you should always try to settle disputes before resorting to litigation to avoid paying such fees. Thus, no such fruitful outcome will arise in case of paying these fees and winning the lawsuit, supposing if the defendant may flee outside the country and may not pay you those fees despite winning the lawsuit as well.
2- Saving Lawyers’ Fees and Non-Refundable Costs
You will need to pay lawyer’s fees for hiring him to negotiate on your behalf to ensure you get as much as possible of your due amounts before the dispute arises. However, the lawyer’s fee will not exceed the fees that may be paid during one stage of litigation. Therefore, you will save about half of the expected litigation fees. Moreover, you should take into consideration the translation fees that are to be paid for documents that are not available in the Arabic language and other costs that you will have to incur during the litigation proceedings. You must understand that there are costs that you may not be able to claim in the court, such as the costs of consulting reports, phone calls, transportation, etc.
3- Depending on your Case, getting returns today may be better than waiting for Tomorrow
If you can get 60-70% of the amounts belonging to you, this may be a better option for you in case if you are in debt and do not have another income source. Such option allows you to avail benefit from the settlement amounts that you will receive to manage and correct your own business. This may not be the optimal option at all times, especially if you have enough financial resources to claim your full rights. However, you must carefully assess your ability to continue the litigation and to pay the fees of lawyers, translators, and other charges keeping in view your current financial situation before deciding to resort to litigation.
4- Avoiding extending Litigation Duration and direct your Focus and Attention to the Future
Our law firm always advice our clients to avoid resorting to litigation as much as possible, especially if they were employees in case of the existence of settlement offers that involve minor differences than what is expected. This is due to our methodology that considers calculating all the amounts to be incurred, all the non-refundable costs and any other costs for the client to ensure that our client fully understands the consequences of rejecting or accepting the settlement offer.
Sometimes, when employees wish to take recourse to litigation and collect their dues through the courts, we bring their attention to the fact that resorting to courts is a difficult and time-consuming process will lead to complicating many matters, that include but are not limited to:
- The expiry of the residence permit,
- Temporary work permits,
- Receiving a good work offer,
- The desire to leave the country of residence during the course of the case, and
- Running out of money during the litigation period, and hence, in such conditions, the plaintiff becomes unable to pay the due fees of lawyers, translators, experts, etc.
Therefore, costs should always be calculated over time as well as the opportunity to get the desired result with losses that can be compensated by focusing on tomorrow and heading to a better business or trade opportunity.
Guarantees of Settling the Dispute before Litigation
You should know how to resolve a dispute before resorting to litigation, you need to be sufficiently aware of how this is properly done by considering matter such as:
1- Always try to get the largest amount when Signing a Settlement Agreement
You should always make sure to receive at least 33-40% of the settlement value when signing the contract.
2- Get a guarantee of payment of the Due Fee, such as Cheques
You should always make sure to have access to a fast mechanism to ensure collecting your due amounts through checks to guarantee that a fine will be imposed on the debtor, or he/she will be imprisoned or prevented from traveling. This provides a means to threaten the debtor in case if he/she decided not to pay the due amounts.
3- Obtain an Executive Warrant from the Notary Public to avoid Litigation and to Execute Judgments by the Executive Warrant
You should always make sure to sign an executive warrant under the settlement agreement and indicate the dates of payment or parties’ obligations to make sure that in the event of any breach of the said condition of agreement, you can resort to the executive magistrate and avoid all dispute proceedings before the courts by enforcing the warrant directly.
4- Always make Sure to consult Lawyer
In case if you decide to do all of this by yourself to save the lawyer’s fees, then you must always consult your lawyer and ask him to review the settlement agreement and he must advise you regarding the appropriate steps to be taken. In case, if there are meetings, make sure to consult your lawyer regarding your concern for attending it by yourself and do not think you can do all this independently, since lawyers exist for a reason.
Finally, in case if it was not possible to resolve the dispute before resorting to litigation, our lawyers, attorneys and legal consultants at, being experts on representing clients in litigation and arbitration matters, our law firm is ready to represent you in order to ensure you being in a strong position as a result of our preparations prior to litigation before the courts.
Nour Attorneys Law Firm relies on its teams of highly qualified lawyers and legal consultants to minimize litigation risks as much as possible and control litigation costs that may arise in the event of a dispute with any other party. Our law firm do so by advising the clients on the actions that should be taken on their part to ensure the realization of their rights. Moreover, our Law Firm advises the clients regarding the documents that need to be obtained amicably from the other party before any sign of dispute arises or in case, he or she wishes to resort to the courts later.
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