5 GUIDELINES FOR A LITIGATION | HOW TO SUCCESSFULLY CONDUCT A LITIGATION

5 Guidelines for Successful Litigation – How to Conduct a Trial Effectively

In this article, we briefly highlight five practical guidelines that help ensure a successful trial in commercial and business disputes.

Litigation in Finland is handled by jurists, lawyers, advocates and licensed legal counsels before courts and other dispute resolution bodies. Cases may concern summons applications, administrative matters, appeals, applications for leave to appeal, additional appeals or arbitration proceedings. In all of these, the same core principles apply when aiming to protect a client’s interests effectively.

1. Understand the Legal Issues in Dispute

In civil litigation and other disputes, a clear understanding of the underlying legal issues is essential. Mischaracterising the dispute or legal problem can lead to a flawed litigation strategy, make it difficult to meet the burden of proof and ultimately weaken the client’s position.

For this reason, the legal foundation of the case should be identified early and revisited regularly throughout the proceedings. Clarifying the applicable law, key claims, defences and potential counterclaims is a critical first step in successful litigation.

2. Apply Legal Doctrine Effectively and Create Value for the Client

Regularly reviewing and applying relevant legal doctrine and case law during the trial process improves the quality of argumentation and increases the likelihood of a favourable outcome. The doctrines applied help determine which facts and legal issues are truly material in the dispute.

Key aspects to analyse include the burden of proof, the facts relied upon, which party bears that burden and what evidence is needed for disputed facts. It is also important to identify any alternative legal grounds that may be available – or that may no longer be invoked. While this analysis can be time-consuming, it is central to effective, value-adding litigation.

3. Master the Facts and Context – Litigation Is Not Abstract Advocacy

Litigation is not an abstract exercise in legal theory. It is always tied to a specific set of facts, contracts, industry practices and business realities.

To succeed in court, the lawyer must understand both the details of the case and its broader commercial context. Relevant facts, legal principles and sector practices must be presented clearly to the court. Explaining the rationale behind the applicable rules and principles – including their historical and industry background where relevant – helps the court see the case as a coherent whole.

4. Identify Key Precedents Early – Jurisprudence as a Foundation

Accurate legal precedents should be identified at an early stage, as the entire case strategy will build on this foundation. While evidentiary issues may dominate the initial stages, legal doctrine and case law often become more prominent at the appellate level.

A solid understanding of core legal doctrines, standard terminology and leading cases is usually sufficient to build a strong base. Establishing this early ensures consistency in arguments and strengthens the credibility of the client’s position throughout the litigation process.

5. Choosing an Effective Business Lawyer – Avoiding Common Pitfalls

Selecting the right lawyer is a crucial step in any dispute. When choosing counsel for commercial litigation or arbitration, consider the following:

• Ensure the lawyer can genuinely add value to the case and not merely manage the process.
• Verify that the lawyer specialises in or has strong experience in the relevant area of law.
• Confirm that the lawyer understands the client’s industry and business environment.
• Define and agree the scope, objectives and reporting practices of the assignment clearly from the outset.

Our specialist in dispute resolution and arbitration is Oscari Seppälä, who regularly represents clients in commercial litigation, arbitration and other forms of dispute resolution. Learn more about our services on our Dispute Resolution & Arbitration page.

About Us | LKOS Law Office – Environmentally Friendly Business Law

LKOS Law Office is an internationally awarded business law firm based in Finland. We regularly advise corporate clients on matters related to corporate law, mergers and acquisitions, contract law, employment law, liability issues, export of dual-use items, sanctions, and export, transit and import authorisations under the EU Customs Code. Our firm has particular expertise in the maritime, transport and logistics sectors, and we frequently represent clients in dispute resolution and court proceedings.

We are committed to providing environmentally friendly legal services and long-term value for our clients.

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*This article is for information purposes only and does not constitute legal advice.*