February 3, 2014

Reality Check to check chances of success in a legal case

Reality check.

We see a railway station in front of us.

But the reality check is not about what we see. It is about what we are looking for and to check if it is there.

What we may be seeing may be looking like a railway station. It may have a window for selling journey ticket.

There may be a platform also.

But the reality check is, does the train on which we want to board comes here? Can we board on that train from this station?

The Reality check needs two things:

1) We need to know what we are looking for.

2) And we must have a set of some questions through which we can objectively verify that what we are seeing is almost like what we are looking for.

As a lawyer, I am told by my office that certain case is listed in certain court.

The reality check for me is to see if it is so notified in some list. A further reality check is to see if it is also there in last notification regarding cases.

Another example:-

In a given case, I may be seeing or visualising an argument.

But the Reality Check is to mark or flag pages of the case from which this argument can be made. A further reality check can be to find out an actual precedent where such an argument is accepted by Court.

A still further reality check is to find out previous views of the presiding judge regarding such an argument.

It is not always easy to do a Reality Check. Assumptions have to be made.

But value of reality check cannot be underestimated.

Haresh Raichura
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