Litigation Strategy (Online Course)

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.
Presenter

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:

*  This was wonderful training with very relevant information on modern litigation. I also learned about correcting bad
habits that I have picked up along the way.
*  Great training, worth every cent and more!
*  I loved the interesting and amusing examples referred to during the lectures.
*  Thoroughly enjoyed this online course.  Brilliantly presented!
*  The presenter did an excellent job. It was very informative and added value to my practice.
*  Really enjoyed it, was clear and interesting.  I think the best I have attended.
*  This was such an insightful course. The presenter really made an effort to pass on practical skills which I feel is
essential in these types of courses.

Date
30 and 31 July 2024 : 13:00 – 16:00

Closing date for registrations: 29 July 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
All sessions are mandatory to qualify for a certificate.

Who should register?

Practising legal practitioners (attorneys and advocates) and candidate legal practitioners.

Registration

Registration fee categories (including VAT):

  • Practising legal practitioners and other staff from legal firms: R 1 550 per person.
  • Non-practising legal practitioners/others: R 2 300 per person.
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:

CLICK HERE TO REGISTER 

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

Please take note

  • The LSSA will not accept liability if the fees are not paid into the designated LSSA bank account.
  • The course is conducted in English only.
  • The course will be delivered through MS TEAMS. Please ensure that you have MS TEAMS installed on your computer prior to the commencement of the course.
  • You will receive the material as well as the link to the course via email, +-24 hours before commencement of the course.  If you do not receive the said email, look in your junk mail folder. If it is not there, contact Bettie Lubbe on bettie@LSSALEAD.org.za.
  • No cancellations will be accepted after the course material and link have been shared. Participants who do not cancel timeously and/or fail to attend the webinar will forfeit the amount paid towards this course.
  • Should you need to cancel your registration, you need to do so in writing before the course link and material are shared. No cancelation will be accepted after it has been made available and failure to comply with this will result in the full fee being charged.
  • LEAD might record the course for QA purposes. According to Company policy and copyright protection, recordings or the PowerPoint presentation will not be made available after the course.
  • LSSA/LEAD shall have the right in its sole discretion to postpone or cancel tuition in any programme initially advertised and offered based on insufficient demand. Should LSSA/LEAD cancel the proposed training, registered delegates will be given reasonable notice of the cancellation and all fees paid by the delegate will be refunded.
LEAD’s training offers

LEAD is one of the largest providers of legal and professional education in South Africa and has been accredited as a legal education provider by the Legal Practice Council. LEAD provides access to quality learning that is relevant, accessible and affordable. LEAD offers an extensive range of learning activities and training options.

Course Dates

Online Course