One of the most common questions I am asked by potential clients is whether or not they have a good case. This is an important question. As an attorney, one of my ethical duties as an officer of the Court is to only bring cases with merit. There are many parts of a good case. One often overlooked part by people who do not know the law is a concept called the burden of proof. When it comes to deciding whether to take a case to court, one of the first things to consider is who has the burden of proof, and what sort of burden does this party face.
What is Burden of Proof?
Most people understand that when a party files a motion, he or she will need to prove something to the Court. This requirement to show evidence and prove the case is called the burden of proof. The burden of proof typically is straight forward for each cause, but the burden can shift to different parties throughout litigation depending on what is occurring in the case.
A classic example of this is something called an “affirmative defense,” such as self-defense. If a plaintiff sues a defendant for battery, the plaintiff first has to meet its burden of proof for each element of the battery case. If the defense offers an argument of self-defense, then the burden shifts to the defendant to prove its case of self-defense. If the defense can meet its burden of proof for all the elements of this case, then a complete defense against the battery claim is made. The defendant wins.
Discussing Burden of Proof with an Attorney
When looking at your case, an attorney who regularly handles cases similar to yours will be familiar with the required burden of proof. Forming the right strategy with an attorney you can trust is therefore essential in any legal matter. This is why we regularly offer free initial consultations with potential clients to discuss the background of the case and the burden of proof that you may be facing. Call 920-471-0929 today to schedule this complimentary session with me, Attorney Devin Shanley.
About Us: Attorney Devin Shanley is the approachable expert clients can trust. A native of Green Bay, Wisconsin, Devin has been developing legal solutions in his beloved hometown since 2012. Married to Mo and dad to two rambunctious kids, he has a soft spot for the Green Bay Packers, grilling out, and playing with his kids. His areas of practice are Estate Planning, Family Law, Business Law, and Non-Profit Organization Law. Schedule your free consultation by calling 920-471-4337.