For the benefit of any interested readers, we examine short solutions to resolve a legal issue with an Indian lawyer. Let’s first get a good understanding of how to handle legal difficulties by following the following seven steps.
How do you handle legal difficulties in seven phases?
Even though there are regulations to prevent it, unfair treatment still occurs. When that happens, we must defend our own interests, which isn’t always simple. Knowing who is in the right, where to begin, or what to do is frequently difficult until you figure out how that is.
Step 1: What is your problem?
You must be able to clearly define your issue. Although it may seem clear, sometimes it requires some unpicking.
There are occasions when multiple issues are entangled. Don’t lose your cool. Determine the details for each and the steps you must take in that sequence.
Step 2: Know your rights, duties and responsibilities
Make sure you know:
- what your legal rights are;
- if there is anything that you should have done (your legal responsibilities);
- Possible approaches to solving the issue. For example, by having an informal chat, making a formal complaint, through mediation, or going to court.
Once you have all the information, you will be in the best position to decide what to do (see Step 3).
Step 3: Understand your options (and know what you want)
Look into your rights or see an advisor if you are unsure of your options or what a reasonable result might be. Don’t just accept what someone who might not be on your side tells you.
Be specific in your requests. Do you desire an explanation, a reimbursement, restitution, or something else?
Depending on how strong your position is, you will have several possibilities. Do you have legal protection, for instance, or will you rely on people’s goodwill to acquire what you want?
Additionally, it will depend on how motivated and self-assured you feel. When you know your options, it can be reasonable to decide that something is not worth the trouble in some situations.
Even if the law does not protect you, it might still be worthwhile to try. Confidently negotiating could still result in you getting what you want.
Step 4: Know who to speak to
Work out who to speak to in order to solve the problem.
Ask who the ideal person to speak to is if it’s an organization rather than a specific person, and try to speak or write to that person every time.
Sometimes, a predetermined procedure must be followed. Ascertain whether there is and what to do. Your stance will be strengthened by the more process knowledge you have.
It may be time to try an alternative technique or move up a level, such as by contacting an ombudsman (an independent person at the top of the complaints ladder, whose job it is to investigate complaints fairly) if you are not having any success with the folks you are currently speaking with.
Step 5: Communicate effectively
You’ll likely need to speak with the person or organization involved, either in person, over the phone, or in writing, to address the most common legal issues.
Top Tactics
- Remain composed and courteous.
- Be specific in your demands and stay on topic.
- Know your rights (see step 2), and if the law is on your side or you have had advice, tell them so.
Step 6: Get organized
You must keep track of what went wrong and how you attempted to fix it and gather proof that you are in the right to solve your problem. For instance:
- Check to see if your issue is subject to any time restrictions, such as a deadline for returning an item to a store, applying to have your benefits retroactively paid, or filing a claim with a tribunal.
- All emails, texts, and letters you write and receive should be duplicated.
- Keep track of everything you do to solve the problem. Note who you spoke with, what they said, what you would do next and when they would do it.
- If it is your word versus someone else’s, document what happened, timestamp it and store it in a secure place.
Keeping accurate records and gathering evidence may be essential to resolving your issue. It will be highly beneficial for anyone attempting to assist you, such as a counsellor, but it could also be crucial if you ever need to file a formal complaint or appear in court.
Get a receipt when delivering documents or other proof, and store it safely.
Step 7: Recognize when to seek assistance
You should seek assistance if you are having trouble or feeling lost.
You can seek assistance from your neighbourhood law or advice centre, a lawyer, numerous charities, and groups like Citizens Advice or ACAS.
Depending on the nature of your issue, they might step in and assist you in some ways or simply explain what you should be doing and offer you a strategy. A professional’s assistance should help prevent things from spiralling out of control and becoming overly stressful, even if it merely confirms that you have been acting appropriately.
What is a legal problem?
A legal issue is a situation that may require the assistance of a lawyer to resolve because it has potential legal ramifications. It is a query or issue that the law responds to or fixes.
Solving a legal problem
Legal assessments frequently take the form of legal problem-solving. It entails reviewing a factual scenario (also known as “the problem”) and outlining the potential legal repercussions of the difficulties raised in the scenario. The ability to solve legal puzzles is crucial to the study and practice of law. To accomplish this, you must:
- Identify the legal issues in the fact scenario, i.e., what laws may have been breached, who is potentially liable and for what offence.
- Identify and explain the law/rules that apply to your identified legal issues, including case law and/or legislation.
- Apply the legislation to the situation’s facts.
- Provide a conclusion on each legal issue.
IRAC and MIRAT – legal problem-solving models
There are several legal problem-solving models, with the most popular being:
- IRAC (Issue, Rule, Application, Conclusion) and
- MIRAT (Material facts, Issue, Rule/Resources, Arguments, Tentative conclusion)
- The IRAC model will be the main emphasis of this blog, although it should be noted that the models can be used in a variety of ways.
- You can organize your legal analysis such that the reader can follow your argument by using the IRAC methodology. Writing responses to legal problem questions and legal memos benefit greatly from it.
- Finding the relevant facts is the first step before starting the IRAC process. In actuality, this is the MIRAT model’s initial step.
Facts
- Determine which facts you have been given are significant, which are not relevant, and which may become relevant after the rules are determined before stating the legal issues.
- The facts can be used to identify the issues.
- The facts and issues determine the most suitable rules, and the rules determine the most practical manner to interpret the facts.
Example
Take Matthew, a 50-year-old independent contractor from Victoria hired by X Pvt Ltd for some work. Matthew participates in many employee gatherings and a company-sponsored training session. Does he still fall under the contract’s definition of “employee” even though he is a contractor?
Identify the facts
Relevant facts here are:
- Matthew works for clients on a freelance basis.
- He has an employment contract with company X Pvt Ltd.
- He has attended some company staff meetings and a training course.
- The jurisdiction of Victoria may also be relevant.
- It is unlikely that Matthew’s age would be a relevant fact
Apply the guidelines to the issue
The application fits the rules and the specifics of the issue or query. It is the longest and most crucial portion of your response. Application is crucial to proving that you comprehend how the law works about the given facts.
Here, you present your supporting arguments (important facts and legal rulings) and outline how you plan to reach your conclusion. Cite pertinent precedent cases, laws, or legal doctrines to bolster your response.
Apply or set apart the pertinent case authority while considering how the facts differ or are similar to those in the cases.
You should take into account the opposing viewpoints and answer counterarguments as necessary. Discuss any instances that run counter to your conclusion, if appropriate. Concentrate on any disputable subjects. When presenting counterarguments, indicate the strength of the arguments (e.g. strong, good, poor, weak).
Application of the law
The fact that the business has Matthew attend meetings and training indicates their influence over him (Stevens v Brodribb and ACE Insurance v Trifunovski). These elements suggest he is an employee (Hollis v Vabu).
For a lawyer, finding a practical solution is the main objective when resolving a legal matter on behalf of a client. We hope the information in this blog post will help you work with an Indian lawyer to quickly resolve a legal issue.
