Procedural Strategies for Litigators in British Columbia

Tactical Advice for Advancing Your Client's Case

"For litigators in British Columbia, who regrettably find it increasingly difficult to get actual courtroom experience, this work will be a valuable tool."

Chief Justice R. J. Bauman, from the Foreword

While fewer and fewer trials are held today, litigation is on the upswing and companies must build this into their regular budgets. With even large companies mindful of costs, this means clients expect you to:

• Use ALL tools available to the civil litigation process to help solve a matter prior to trial
• Conduct a trial, when needed, skilfully, efficiently, and cost effectively

Procedural Strategies for Litigators in British Columbia explains practical ways to reduce the costs of litigation while adhering to the province's new civil procedure rules. The authors demonstrate how to use these rules along with established court procedures to strengthen your client's position in a civil lawsuit.

Streamlining the Litigation Process

• Organizing your litigation files to ensure you complete all steps correctly
• Assessing when a summary trial is preferable to a full trial
• Condensing and eliminating nonessential steps to save costs

Working with Expert Witnesses (including valuators, appraisers, accountants, engineers, and medical professionals)

• Instructing witnesses on their technical requirements and obligations
• Preparing your witnesses for cross-examination
• Helping witnesses to draft an admissible expert report

Handling Challenging Situations

• Dealing with difficult opposing counsel
• Educating your client about your court-appointed responsibilities when confronted with an in-person litigant
• Deciding when to appeal

Includes lists of discovery questions and checklists of factors to consider to avoid costly errors in a wide range of scenarios.

Essential Pre-trial Advice For

• Civil litigators seeking to gain procedural advantage to achieve success on the substantive issues in a lawsuit
• General practitioners and junior lawyers with limited litigation experience who need a good overview of the procedural aspects of trial work
• Legal clinics and articling students who require a solid overview of the procedural aspects of litigation and help with identifying possible pitfalls and difficulties
• Academics who teach civil procedure or advocacy courses in BC law schools.
• Smaller firms and solo practitioners without significant in-house litigation resources