Are you planning a lawsuit, or maybe you just received a pre-trial summons, lawsuit or payment order - please read and think about. 

🕕Time to read the following text is about 3 minutes.

How to lose a lawsuit? There are many possibilities. First of all, downplay the problems, maybe they will solve themselves. You can also ignore the law, probably the lawyer will come up with something later. One can hide some facts, etc. These types of actions (or omissions) will certainly cause the picture of the case that the lawyer will assess to be so far from reality that the legal assessment will also be different from the correct one. In practice, it can and probably will be the case that the lawyer, having a wrong picture of it, will recommend completely wrong solutions to. Of course, the error will begin to clarify, even just from the actions of the opposing party and its activity (claims, evidence requests) in the case. However, it will usually be too late. Consider at least only the content of the provision of Article 2053 § 2 or Article 20512 § 1 of the Civil Procedure Code (consolidated text of August 7, 2020 Journal of Laws of 2020, item 1575). So is it possible to be right and lose a lawsuit? Yes, it is possible and not even that difficult. And in doing so, one should not (imprudently) expect that it is the Court that should do everything to make the judgment correct. Although the court makes a judgment on the basis of knowledge and life experience, but also (and actually primarily) on the basis of the evidence gathered (according to the rules of the law). Thus, one can say (in some simplification) that what evidence (and any negligence or shortcomings of ours in this regard), such a verdict.

Can it be said that the only right recipe for winning a trial is evidence?

It can't be said that way. Evidence is an extremely important part of a trial, but legal argumentation is equally important. It is not that uncommon that the facts are undisputed between the parties, that the parties offer the same evidence to the Court, and yet each party expects the Court to reach a completely different conclusion. How to achieve the desired goal in such a case. This is what the argumentation serves.

With the above knowledge, can you successfully litigate without professional representation?

You can, but it is unlikely, and for a number of reasons. First, not everything that relates to the case should be reported as evidence in the case, especially bearing in mind the content of the provision of Article 2352 § 1 of the Civil Procedure Code (consolidated text of August 7, 2020 Journal of Laws of 2020, item 1575). Second - will we really cope with the subsumption, with the argumentation, and finally, will our participation in the hearing (it is usually worthwhile to participate in them, they have not been abandoned even during the SARS-CoV-2 virus epidemic) be informed, and thus effective? Will we be able to handle the questioning of witnesses and expert witnesses? Not likely. Those who have tried it themselves will probably confirm.

So how to win the process? No one should make such guarantees. However, certainly the decision to entrust the case to a professional lawyer (legal counsel, attorney) with relevant experience in litigation, will be the right decision.

Do you need professional legal representation? Write to me or call me.