| Litigation Strategy Online Course 8 & 9 April 2024 13:00 – 16:00 |
| Modern methods of dispute resolution. The move away from adversarial litigation. About this online course An intensive 2 sessions that will assist you in developing strategies to obtain better outcomes in litigation and other dispute resolution. The object of dispute resolution is to obtain the best possible outcome for your client. Develop your strategy to obtain better outcomes. What judges expect from you and how to effectively assist them. We show you how. The programme will include: Practice Directives: A short discussion on how to comply with practice directives`. Where to find them and which directives are suitable for your practice outside of Gauteng. Rule 41A: Purpose of the Rule | How to achieve actual compliance | Notices, how to use and how to reply | The Mediation processes | Costs | There must be actual compliance with the rule. How to Obtain the Available Facts: Issues of relevance, admissibility and prospects of success. How to conduct risk assessments. What happens before you commence proceedings. Understanding the issues: Analysis of pleadings | Pleading a version | How to work out the issues between the parties. What amounts to facta probanda (the material facts as pleaded) and how do you discharge the burden of proof. Sequencing: How to sequence facts and documents | How to prepare chronology of documents | How to use chronology documents effectively. Using sequencing to develop each stage of your preparation. Developing a Case Concept: What is your client’s version of what actually happened? Matching your clients’ facts to the applicable law. How to match your clients’ facts to the factual theory or concept. How to develop the case concept and how to plan a strategy around it | How to use the case concept to conduct a trial effectively The Burden of Proof and Duty to Begin: The strategy on how to manage the onus and duty to begin. Learn how to carry out a proof analysis in order to discharge the burden of proof. What to do at Case Conferences: How to conduct a case conference chaired by a Judge | How to conduct case conferences with your opponent | Achieving the purpose of a case conference | Reaching agreement on issues, discovery and expert testimony |Discussing and agreeing on the issues. What to do with an opponent who will not cooperate. Agreeing on the Triable Issue/s: What will a trial judge expect? | How to reduce to writing the agreed issues between the parties | How to present this at trial Legal Research: A brief discussion on how to find the appropriate law efficiently | What is the judge looking for? | How to present Law. How to find the Law quickly with the effective use of case annotations. Understanding what judges require of you when presenting the applicable law. Discovery (including eDiscovery) and Expert Witnesses: What do the directives require and how to comply | What is “narrow discovery” and how to comply | What is eDiscovery and how to present and prove electronic documentation | How to reach agreement over bundles. The electronic management of discovered documents. Witness Preparation: How to test the version, witness analysis and witness briefing. How many witnesses and how to select them? witness briefing. Ismail Hussain SC is a former Judge of the High Court and Competition Appeal Court. He has been a highly popular LEAD trainer for many years. Mr Hussain SC is an expert in commercial drafting, opinion writing, litigation, and case management. He is also a published author. He is a Professor of law at Nelson Mandela University. What previous participants said:
Date Closing date for registrations: 7 April 2024 Note: Kindly note that this course might run over the scheduled time. Please do not arrange any other appointments for at least 30 minutes after the scheduled closing time. Certification |
| Who should register? Practising legal practitioners (attorneys and advocates) and candidate legal practitioners. |
| Registration Registration fee categories (including VAT):
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| How to register Kindly note that you can only register online and that there will be a limit on the number of delegates attending. Participants should be registered individually to enable the system to generate a unique username and password for each person. |
| STEP 1: Payment should be made by electronic funds transfer (EFT) only. You are required to upload the proof of payment (PDF) in step 2 – (Online registration form). Should an invoice be required to effect payment, replace the proof of payment document with a note (Word) requesting an invoice.LSSA banking details: Account name: Law Society of South Africa | Bank: FNB Pretoria | Branch code: 251445 | Account no: 6200 9641 079 | Reference: LS, Initials and Surname |
| STEP 2: |
| STEP 3: Once you have registered to participate, you will receive a system-generated confirmation e-mail that we have received your registration documentation. Twenty-four hours before the course starts, you will receive an e-mail with the link to the course (Microsoft Teams) as well as your course material . Read the instructions in the e-mail carefully. If you do not receive this said email, please check your Spam / Junk folder, or kindly contact Bettie Lubbe on Bettie@LSSALEAD.org.za or Tel No (012) 441 4670, the day before the course start. Attendees must ensure that they have access to MS Teams well in advance. Kindly test your link as soon as you get it. |
| For more information about this course contact Bettie Lubbe: Email: Bettie@LSSALEAD.org.za or 012 4414670 |
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