CIVIL LITIGATION:
PRE-TRIAL PRELIMINARY CONSIDERATIONS
OUTLINE
▪ Determining the Existence of a Cause
of Action
▪ Time limitation
▪ Feasibility of the Law Suit
▪ Turning Down a Case
▪ Ethical Consideration in Accepting a Case
▪ Ethical Consideration after Accepting
a Case
,OBJECTIVES
After reading this chapter, you will be able to:
▪ Explain the importance of a cause of action to
the litigation process.
▪ List the reasons why an advocate must be
familiar with the elements of a cause of action.
▪ Define the various types of time limitations on
filing a lawsuit.
▪ List the practical considerations that affect the
decision to accept a case.
▪ Explain the procedure for turning down a case.
▪ Identify the ethical standards an advocate
must consider before accepting a case.
▪ Identify the ethical requirements for an
advocate during the course of litigation
,1. Determining the Existence of
a Cause of Action
▪
Not all issue determined in a client
interview are resolved through
litigation process
▪
A legal right must exist
▪
This legally recognized right to
relief is known as a cause of action
, ▪ Cause of action.
1. Facts sufficient to support a
valid suit….
2. The legal theory upon which a lawsuit
(“action”) is based
▪ In the pleadings this will include:
a) the pertinent facts distinct in
each situation;
b) the particulars (if any) which relate
to the actions of the defendant; and
c) The reaction of the plaintiff in
relation to the acts of the defendant
that caused the plaintiff to incur a
PRE-TRIAL PRELIMINARY CONSIDERATIONS
OUTLINE
▪ Determining the Existence of a Cause
of Action
▪ Time limitation
▪ Feasibility of the Law Suit
▪ Turning Down a Case
▪ Ethical Consideration in Accepting a Case
▪ Ethical Consideration after Accepting
a Case
,OBJECTIVES
After reading this chapter, you will be able to:
▪ Explain the importance of a cause of action to
the litigation process.
▪ List the reasons why an advocate must be
familiar with the elements of a cause of action.
▪ Define the various types of time limitations on
filing a lawsuit.
▪ List the practical considerations that affect the
decision to accept a case.
▪ Explain the procedure for turning down a case.
▪ Identify the ethical standards an advocate
must consider before accepting a case.
▪ Identify the ethical requirements for an
advocate during the course of litigation
,1. Determining the Existence of
a Cause of Action
▪
Not all issue determined in a client
interview are resolved through
litigation process
▪
A legal right must exist
▪
This legally recognized right to
relief is known as a cause of action
, ▪ Cause of action.
1. Facts sufficient to support a
valid suit….
2. The legal theory upon which a lawsuit
(“action”) is based
▪ In the pleadings this will include:
a) the pertinent facts distinct in
each situation;
b) the particulars (if any) which relate
to the actions of the defendant; and
c) The reaction of the plaintiff in
relation to the acts of the defendant
that caused the plaintiff to incur a
