In my not-so-many years of practice, I have seen a number of cases dismissed or struck out because of some โminorโ errors. One would think that as Legal Practitioners we should hardly commit these errors. Yet I have seen cases being handled by Junior Counsel, Counsel and Senior Counsel dismissed or struck out because of some of the errors in the areas I refer to as the โLitigation Trinityโ. The Litigation Trinity: Cause of Action, Parties, Process/Procedure.ย The Litigation Trinity is the basis of every action in court. You miss a leg of the Trinity and be sure to find your action thrown out. In a football match, the ability of a soccer player to kick and pass the ball on the field of play is the least of his worries. However, it is the control, accuracy and directions of the passes that determine the outcome of the football match. A football team that does not master the โTrinity of Footballโ โ control, accuracy, and direction- is sure to lose the match no matter the percentage of possession or the number of kicks. So it is in the field of litigation. No matter your suave, your advocacy or writing skills, a lawyer who fails to master the Litigation Trinity is bound to lose the case.
