The proof: friend or enemy?

Back to All Thought Leadership

The proof ideally constitutes the soul or essence of a process, allowing the Judge to have proven knowledge of what happened, that is, reasonable certainty about the facts presented by the parties. The person who settles a controversy must be convinced about: What happened? depending on the credibility of the case that was presented by the plaintiff or defendant, it resolves what corresponds, this means that the absence or insufficiency of adequate evidence constitutes a formula that will probably lead to an adverse resolution to the detriment of the party that has no justification for its position.

From an extraordinarily elementary perspective, the pillars of a judicial process are built on two axes:

I) The design of the legal strategy, a task that corresponds exclusively to the lawyer and is executed once the conflict arose between the parties and there is clarity about what happened. This broadly aims to determine the allegations on the legal basis that justifies the claim or defense that is presented.

II) The design and implementation of the evidentiary strategy is a joint task of the lawyer and the business area of ​​the company or the people who were directly involved in the business now in conflict. This task is often not given the importance it deserves, bringing with it disastrous results when structuring cases with legal support, but without support to justify the alleged facts. This work essentially aims to collect, classify and timely present the supports of the claim or defense that is presented. It is up to the lawyer in a special way to determine if said supports are adequate and sufficient to justify the position of the party he represents in order to have a clear perspective of the potential scenarios of that controversy.

Read more

Sign In

[login_form] Lost Password