Litigation Services

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Businesses often face legal challenges during the course of their operations. More often than not, it ends up in litigations and court battles if the issues aren’t resolved amicably. Having the right guidance is of utmost importance to emerge victorious or minimise the damage. It all boils down to having the best litigation service advisor and having the right approach!

Prime Causes of Litigations

Following are some of the prominent issues that businessmen face that can result in potential litigation and lawsuits:

  • Vendor Disputes: Prime reasons behind the vendor disputes include non-payment of dues, sub-optimal quality of goods or services, cheating etc.
  • Customer Disputes: The prime reasons behind customer disputes are the same as vendor disputes and include non-payment of dues, sub-optimal quality of goods or services, cheating, breach of contract etc.
  • Regulatory Challenges: Businesses have to comply with various laws and regulations, including the sectoral regulations. Non-compliance or being complacent can result in penal consequences or even litigations as per the magnitude of non-compliance.
  • Taxation: The primary taxation laws applicable to the businesses include income tax, Goods and Services Tax and customs. Compliance with these laws is important as any non-compliance or tax evasion directly causes loss to the exchequer which is a serious offence. Further, there are multiple reasons behind the litigations that can happen due to taxation and include different interpretations, non-compliance, tax evasions, frauds, disputes relating to the applicability of certain provisions or requirements, valuation etc.
  • Employee & Labour Challenges: Various industrial and labour laws were enacted by the government to secure the interest of the employees and labour force and ensure social security. If an organisation violates these laws or is alleged to commit any action against the interest of its employees or labour force resulting in exploitation, then such scenarios can result in litigation.
  • Shareholder / Director / Founder / Partnership Disputes: Those who start together don’t always end together! Issues and disputes might crop up between the shareholders, directors, founders or partners of any organisation. If these issues are not resolved amicably with mutual understanding, then any of the disputed persons can take legal recourse, leading to litigations.
     

Why Litigation Services is Important?

When brawled in litigations, having the right guidance and litigation advisors is important. Here’s what litigation advisory services encompass and how they can be a game changer in your legal battles:

  • Strategy Development: When you smell potential litigation or are already involved in one, playing smart is important. You need a concrete strategy in place and be ready with your next moves. Strategy development involves conducting a deep analysis of the case, facts and evidence. This is followed by the risk assessment of the potential risks and liabilities and the best course of action. What transpires is a robust strategy to either maximise the chances of winning or minimise the losses.
  • Pre-Litigation Negotiation Support: Considering the resources and time involved, litigation should always be the last resort. If you are in a dispute, you should always go for mediation or pre-litigation negotiation support. This involves assistance from a third person to negotiate the settlements and agreements to resolve the issues amicably. Litigation can adversely impact both parties irrespective of who is right or wrong.
  • Litigation Management: Once the litigation begins, there are multiple things to manage. Coordination with legal counsels, experts, witnesses, complete documentation management and court filings can be overwhelming. Having experts handle all these hassles can relieve you of this burden to a great extent.
  • Trial Support: Trial support involves assistance in preparation for the trial, coordination and support for expert testimony and representation before the appropriate authorities and courts of law.
  • Post Litigation Advisory: The end of litigation is not always a full stop. What can follow is the appeal by the aggrieved person or enforcement of judgements. Further, it is important to do a thorough review of the litigation result to learn the crucial lessons and improve future litigation strategies.
  • Industry-Specific Litigation: Industry-specific litigations require industry-specific experts to navigate you through the complexities. This also involves litigation in specific niches like intellectual property rights, corporate or commercial litigations or employment litigations.

FAQ

Litigation advisory services basically involve strategic guidance and support to manage and resolve all your disputes effectively.

Pre litigation advisory basically involves guidance and advisory to avoid potential litigation and resolve the disputes amicably. This involves resorting to alternative dispute resolution mechanisms, negotiation support, providing legal opinions or preparing for litigation as the last resort.

It depends on the organisation providing litigation advisory services. Certain organisations provide legal representation while others collaborate with expert legal counsels as per their areas of expertise.

Some of the most common causes for litigation include non-compliance, vendor or customer disputes, taxation, regulatory challenges, founder or partner disputes etc.