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Principles of rendering of cervices
What any client should know when initiating a dispute
Stages of analysis of the client’s problems
Interaction with the client when rendering services
What any client should know when initiating a dispute
In the context of the confidential and personal character of the services our company renders, we find it essential to bring to light some aspects of our interaction with our clients while carrying out the tasks set by the latter (rendering services) that undeservedly recede into the background (if not completely ignored by most of our colleagues).
In addition to the legal aspect, any client’s case (order, task, problem, dispute, etc.) features other aspects (consequences) that are at least as important as legal ones. Legal system is just a means to achieve certain goals and the latter are not usually equivalent to the money, time, effort and nerves spent.
A legal dispute, litigation being its most indicative form, resembles much a war. A defeat in a battle does not mean a defeat in a war and vice versa.
In some cases, a dispute (actually, a war) may end, yet not settled, (in the course of negotiations with the opponent); it may, however, last for a long period. The above, as well as many other aspects of the dispute should be pre-estimated, and no dispute should be settled with the uncertain possible results of the dispute. In such cases, emotions that often guide the client are a poor assistant, and it is an expert (a consultant) who shall play the key role herein.
Initiating a legal dispute, the client, whether a plaintiff or a defendant, a claimer or a respondent, must remember the following aspects and consequences of such a step:
1) Economic consequences. In this connection answers should be given to the following questions:
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what economical effect will the dispute result in, what may be acquired and lost?
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will the claims be allowed and what sum will be subject to be paid?
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what is the extent of risk, what are the prospects of the case consideration?
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shall I really be capable of execution of the judgment and of collection of property (money) from the debtor?
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what property counter-claims may the counterpart set up against me?
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is the game worth the candle in terms of economic expenses to the “prize” size ratio (comparison of judicial expenses, remuneration to the consultant including the amount of the claims satisfied (collected))?
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how long will the litigation take from the client? Time is money, and the latter carries its own value for each person in particular.
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what may be the counterpart’s retaliation and what economic consequences may it entail?
2) Psychological aspect.
In this context, the following points deserve to be emphasized: any dispute takes much time, resources and nerves. In case of a conflict, psychological comfort, heartsease, honour, dignity, business standing, and other non-property values, after all, health are the most vulnerable points depending on the level of the conflict.
If the client has no psychological immunity in this respect, if the terms “court”, “prosecutor's office”, “tax inspection”, “criminal proceeding”, “counter-claim”, etc., do result in palpitations, rise in blood pressure and, moreover, in panic fear, then he would better never get involved in a serious matter.
3) Business or image aspect.
Like a double-edged sword, any conflict commonly implies not only positive, but also negative factors. Occasionally, the economic benefit from a dispute happens to be fully minimized by the consequences in respect of image, business standing, company’s brand, administration or shareholders. A dispute may capture the headlines, and, moreover, to the disadvantage of the disputer. For example, an adverse opinion may form on the part of consumers in respect to the company-defendant, and its contractors may leave for the competitors thereof for the reasons of safety and image, and the top-managers of the company may lose their weight among the shareholders.
In some cases it may be objectively more useful to settle amicably with a “troublesome” plaintiff, going against whom may entail absolutely unpredictable image-related consequences. Unfortunately, many people forget about this aspect.
4) Social and political aspect. In this case it is the question of how a litigation (a conflict) may influence relations between the client and state authorities, social institutions. It is highly actual in case of disputes (proceedings) of public character – bankruptcy, corporate and tax disputes. Almost without exception, cases with large companies concerned whose name is well known at least in the corresponding city, region or district attain a socio-political side effect.
In this situation it is very important to understand what attitude authorized representatives of local authorities, federal ministries and departments will take in respect to each party to the dispute. What will be the reaction of the public (trade union, labour collective, public organization), what coverage the dispute will get in mass media, what socio-political aura will surround the dispute. Often, the top-manager of the company as a party to the dispute should also consider whether his shareholders will support him and how they will behave in the dispute.
Besides, the socio-political aura of the dispute exerts a considerable impact on the opinion of court, which termination of the dispute depends on.
Thus, before setting a dispute or getting into the dispute already set, you should gander it in an extended way, taking into consideration one and all the above aspects. It is obvious that the direct and purely economic effect should not always be the client’s propulsion. That is why, when canvassing the disputable situation, the client’s problem, we always determine positive and negative aspects of the multi-aspect dispute jointly with the client. It is the essence of our complex and system approach to settling problems of our clients, which in it turn is at the basis of the advanced methods we use.
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Principles of rendering of cervices
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