Example of General Framework for Developing a Strategy to Defend Against Claims Brought by Others:
Practical Application: Upon assignment of the office to undertake the defence in a particular case, the following measures shall be implemented:
Prior to commencing any task relating to legal matters instituted by third parties, it is essential to establish a comprehensive plan that serves as the guiding framework for the performance of the assigned duties. This plan shall be designed to achieve the objectives of the work and shall observe the following considerations:
I- Comprehensiveness: The plan must address all aspects of the case(s) brought by third parties. The objectives shall be set in general terms so as to encompass all dimensions of the defence and to cover the full range of intended procedures, within a general framework.
II- Stage-by-Stage Implementation: The plan must be structured to ensure that the objectives of each stage are achieved independently within a defined timeframe, following which the process shall progress to the subsequent stage.
III- Inclusion of All Stages: The plan must extend to all stages of the legal proceedings without exception.
IV- Prioritization by Importance: The plan must be organized in a hierarchical manner, giving precedence to the most important matters, followed by those of lesser importance.
V- Decision to Proceed: Reaching a final decision to file the case while ensuring compliance with formal and procedural requirements.
VI- Legal Report: Preparing a detailed legal report for your review and record.
VII- Consultation: Engaging in consultation with you to agree on the most suitable legal course of action. This structured approach is designed to safeguard your interests and to ensure that all aspects of the matter are addressed with due diligence and precision.
Example of Office Procedures Regarding Cases to Be Filed on Behalf of the Client:
| As part of the procedures followed by our office in relation to cases to be filed on your behalf, we conduct a comprehensive legal study before initiating any action. Accordingly, the legal study undertaken by the office is structured around the following elements, and we but this example: |
I- Identification of Facts: Determining the facts that may constitute grounds for a specific legal action.
II- Legal Basis: Establishing the legal foundation for the contemplated action or claim.
III- Supporting Evidence: Examining the availability of supporting evidence and assembling it.
IV- Classification of Action: Identifying the nature of the action or procedure to be pursued (civil, criminal, or otherwise).
V- Parties to the Case: Identifying all relevant parties (plaintiffs and defendants).
VI- Jurisdiction and Venue: Determining the proper forum for initiating proceedings, including jurisdictional competence and appropriateness.
VII- Impact on Other Proceedings: Assessing the potential effect of filing the case on any related proceedings in other jurisdictions.
VIII- Timing: Establishing the appropriate time to initiate proceedings, whether immediate or deferred, in view of suitability and statutory limitation periods.
IX- Costs and Duration: Estimating the anticipated expenses and timeframe of the proceedings.
X- Decision to Proceed: Reaching a final decision to file the case while ensuring compliance with formal and procedural requirements.
XI- Legal Report: Preparing a detailed legal report for your review and record.
XII- Consultation: Engaging in consultation with you to agree on the most suitable legal course of action. This structured approach is designed to safeguard your interests and to ensure that all aspects of the matter are addressed with due diligence and precision.