If you are the plaintiff, what should you ask your lawyer?

You are a litigant, a plaintif. What should you ask your Solicitor?

[1] Scale of Charges

The most important question you must ask is ‘how much are you going to charge me before trial, and during trial? How much are you going to charge me if the other side files an interlocutory applications against me? How much are you going to charge me for appeals before the trial is over?’

Make sure you get a scale of charges so that you have an idea where you’re going.

[2] Is my claim out of time?

Has limitations set in

[3] In which court are we going to file my claim? 

[4] Can the court give us what we are asking for?

[5] Have you filed my statement of claim

[6] Do we need an injunction?

Should we apply for it or should we wait

[7] Should we file for discovery

They may have some documents that may be necessary for ourselves. Should we go and get these documents from the defendant?

Should we get it from third parties?

What should we do before trial

[8] What documents do you want out of me?

[9] What things do you think are relevant for this case?

Would you like to listen to my story. Half the time the lawyers will cut you down and will not let you tell your side of the story.

At the end of the trial they might ask you why didn’t you tell me this, why didn’t you tell me that.

Then you might say ‘oh I thought it was irrelevant.

So, if there’s something important tell him everything

[10] You really tell your lawyer everything especially the points which are against you

This is absolutely crucial otherwise you may get caught and lose an application or the suit and be forced to pay a large amount of legal costs.

Ask all these questions. Any lawyer will be happy to answer you.

[11] Don’t go around saying my lawyer is useless.

Solicitors and counsel do not like remarks like this because it makes them lesser.

When credit is due to them give them. If you think they are subject to some criticism go and see them personally and say, ‘look could I have a chat with you. I’m unhappy about this. Could we do something about it?’

Any lawyer who is a professional will try and do what he can or she can for your benefit. 

[12] When the judgment is out ask the plaintiff for a sealed judgment.

Where there are only grounds of judgment, ask for a copy.

These are the important points that you have to ask your lawyer if you are a plaintiff.


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