Litigation often represents a strategic agenda for the litigating parties, and a well-conducted process is a central aspect of the outcome, whether a loss or win. In lawsuits, communication between lawyer/judge needs to be above all objective, without losing the analytical character of the topics addressed. 5n4r36
A measure capable of facilitating this communication is providing the judge with the best presentation of briefs, allowing him to analyze the case (petitions, arguments, and events in the case) in a very objective, almost illustrative way. This is possible with the preparation of an analytical map, with a prior presentation and informative of everything that is being discussed. For example, the complaint is the most important document in the case, on which all the proceedings will be based, as well as the answer, and objections in general.
The facts didactically presented, points at issue, legal theory, especially the constitutional and infraconstitutional provisions under discussion should be addressed on the map. The lawyer has the duty to map absolutely all these points to enable knowledge and due ruling by the second instance, the reviewer of the case on appeal. Only in this way is it possible to raise the arguments (associated with the facts analyzed by the trial court) to the higher courts through exceptional appeals.
What we call a "map" here may consist of a didactic and visual presentation of the occurrences of the case, greatly facilitating review by the judges and even the lawyer’s meeting with the judges. This may (or should) go in the middle of petitions or memoranda/closing arguments.
It is very important that the lawyer conduct the case seeking to enable ission of any appeals to the higher courts (STJ, STF, TST, TSE, among other courts). And the fundamental basis for this is the careful, concise, objective, analytical, and didactic filings with the appellate courts (second level of appeal - TJs, TRFs, TRTs etc.). Preparation of an analytical map of the proceeding is fully aligned with the strictest criteria of procedural conduct, inasmuch as it requires at the same time completeness, conciseness, and creativity.
The client must be sure that the lawyer will appropriately handle the case in the courts of ordinary jurisdiction, to enable, if applicable, the issibility of appeals to the higher courts, especially in view of the limitations imposed by the courts themselves for the ission of appeals.
This is what we seek as a guide for excellence in the provision of our legal services in the context of litigation.
