Professional Documents
Culture Documents
Issues Confronting Lawyers in Accepting Cases
Issues Confronting Lawyers in Accepting Cases
Issues Confronting Lawyers in Accepting Cases
2. Insufficient Evidence
A lawyer may find that the evidence available are not sufficient to
assert liability against the other party.
3. Unavailability of Witnesses
In certain cases, the presence of credible witnesses plays a major
role in the success of a case handled by a lawyer. Some, although
available, may opt not to be involved in a case. Also the absence
of witnesses may lessen the chance of winning the case.
4. Complex Cases
A lawyer upon going through the case, may find that it is not just an
ordinary case it usually encounter but one which is more complex
and involves intricacies which makes it difficult for him to prepare
for clients defenses.
5. Non-cooperative Client
A good lawyer-client relationship is a factor which can contribute to
the success of the case. Poor communication and a non-
cooperative client may give a lawyer difficulty in the case.
DEFENDANTS TRIAL MEMORANDUM
STATEMENT OF FACTS
(1) Fire protection features such as sprinkler systems, hose boxes, hose reels
or standpipe systems and other firefighting equipment;
(2) Fire Alarm systems;
(3) Fire walls to separate adjoining buildings, or warehouses and storage
areas from other occupancies in the same building;
(4) Provisions for confining the fire at its source such as fire resistive floors
and walls extending up to the next floor slab or roof, curtain boards and
other fire containing or stopping components;
(5) Termination of all exits in an area affording safe passage to a public
way or safe dispersal area;
(6) Stairway, vertical shafts, horizontal exits and other means of egress
sealed from smoke and heat;
(7) A fire exit plan for each floor of the building showing the routes from
each other room to appropriate exits, displayed prominently on the door
of such room;
(8) Self-closing fire resistive doors leading to corridors;
(9) Fire dampers in centralized airconditioning ducts;
(10) Roof vents for use by fire fighters; and
(11) Properly marked and lighted exits with provision for emergency lights
to adequately illuminate exit ways in case of power failure.
Defendant MGC may show the Fire Permit issued by the Bureau of Fire
Protection stating that they complied with the requirements as provided by law.
The responsibility treated of in this article shall cease when the person
herein mentioned prove that they observed all the diligence of a good
father of a family to prevent damage.
Plaintiff alleged that the fire was caused by the fault or negligence of
defendant and/or its employees. In order to establish negligence as a cause of
action under the law of torts, a plaintiff must prove that the defendant had a
duty to the plaintiff, the defendant breached that duty by failing to conform to
the required standard of conduct, the defendants negligent conduct was the
cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed of
damaged.
In order for the defendant to be held liable, the plaintiff must prove and
present evidence of negligence by the defendant.