The Mageli law firm has extensive and broad experience in litigation. We regularly litigate before district courts, the court of appraisement, land probate courts, the court of appeal and the Supreme Court. Six of the lawyers have been admitted to the Supreme Court and have conducted a total of 67 cases before the Supreme Court.
WE LITIGATE IN MOST LEGAL AREAS
Our lawyers have experience with litigation in most legal areas, including
- Contract law, including ICT contracts
- Company law
- Intellectual property law
- Tort law
- Bankruptcy law
- Employment law
- Insurance law
- Real estate
- Building and construction law
- Expropriation
- Planning and building law
- Public administrative law
- Public procurement
- Tax law
- Child law, family law and inheritance law
- Criminal law
- Child welfare
- Health and social law
A LITIGATION ASSIGNMENT MAY INVOLVE SEVERAL PHASES
The initial phase consists of assessing the factual and legal aspects of the case and thus assessing how good or bad the case is. The question is how good the opportunities are for winning and how great the risk is for losing.
ASSESSMENT OF COST RISK
An important factor to consider is the cost. Litigation before the courts is costly and if the case is lost, the client must pay his own lawyer and usually also the other party's lawyer. A trial is also labour and time consuming for the client himself. The client must therefore assess whether the matter is so important - and whether the opportunity to win is so good - that it is worth the cost risk and the work and time it will require. An important part of our task is to give the client our advice in this assessment.
BRINGING A CASE TO COURT
If it is decided to bring the case to court, a summons will be drawn up which will explain the case and our client's claim. If our client is sued, a response is made to the court where it is explained why our client must be acquitted. Thereafter, additional procedural documents may be required. Relevant documents must be submitted and it must be clarified whether witnesses are to be called. In this regard, the client will have an important role in finding documents and suggesting witnesses.
During the main hearing, our task is to account for the facts of the case, including reviewing the relevant documents, explaining the legal issues, questioning witnesses and arguing why our client should win. It will often also be necessary for the client to explain himself in court and answer questions from the other party's lawyer and judge.
APPEALS AND NEGOTIATIONS
If the case is won and the other party appeals, a notice of intention to defend must be submitted. If the case is lost, it must be considered whether to appeal and, if so, lodge an appeal. The appeal proceedings before the Court of Appeal are prepared and carried out in a similar manner as the main hearing for the district court.
Corresponding assessments and work must be undertaken after a judgment from the Court of Appeal. Any appeal to the Supreme Court will only be considered if the Supreme Court agrees. This consent usually requires that the case is of principal interest, i.e. that it raises legal issues that it are important for the Supreme Court to clarify.
The chance for getting a case before the Supreme Court is thus difficult. In most cases, consent is not given. If the case is lost in the Court of Appeal and an appeal is desired, an important task is to consider whether the case raises fundamental legal issues and, in the event, convince the Supreme Court that these indicate that they should deal with the case.
