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The Significance of Legal Negotiation

Topic: Legal ServicesPublished June 7, 2012

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When it comes to well-publicised criminal cases, people often focus on the unpredictable and exciting events that go on within a court trial - the presentation of evidence, the surprise witness and the reactions of the accused or prosecution as the verdict is delivered. But as entertaining as they can become, trials are sometimes not the best way to settle criminal cases. They do not necessarily provide the appropriate result, which may be achieved by pre-trial negotiation.

Negotiation is a crucial part of any criminal case as it can settle a matter which is acceptable to the accused and the complainant. It is a process that both the state and the accused can greatly benefit from by saving resources, alleviating the trauma and expense of a trial.

Definition of Negotiation

What is negotiation? Negotiation can mean many things in many different fields, but many experts define it simply as a means by which one achieves a desired goal or goals or gains favour from people who posses what one wants. In criminal law it is more of a means of reaching a compromise - resolving competing interests while upholding certain principles of law.

Negotiation: Means to Desired Ends

As stated above, legal negotiations can be beneficial to the prosecutor and the accused. For the prosecution, negotiation can lead to achieving the following goals:

  • a conviction for the appropriate offence; - the appropriate sentence; - efficient utilisation of resources; - seeing justice properly served; - relieving the victim from anxiety or trauma; and
  • serving the public interest.

For the accused, the following goals may be achieved through legal negotiations:

  • obtaining a dismissal of charges; - achieving the best possible outcome in substituting charges; - receiving the lowest possible punishment; and
  • resolution of the matter as swiftly as possible.

Negotiations may not always be applicable for all criminal cases depending on certain circumstances and facts. They can be quite taxing on the parties as they require time to reach a satisfactory resolution. Given the level of skill and mastery that is involved, it is not just a process but an art.

Negotiation: Criminal Lawyers in Perth

If you seek a credible and reliable Perth criminal lawyer to conduct legal negotiations on your behalf, Lawson Legal is a name you can trust. Lawson Legal has skilled and experienced criminal lawyers that have become experts in criminal law and traffic law through years of representing various matters before the criminal courts of Western Australia. Lawson Legal will strive to achieve the best results in any criminal case or negotiation you may be involved in. They guarantee representation of superior quality and will guide you through every step of the criminal process.

Article author

About the Author

Lawson Legal is a boutique law practice comprising skilled criminal and traffic lawyers in Perth. Lawson Legal's defence lawyers provide legal advice on criminal and traffic law in Perth and rural Western Australia. Lawson Legal is a dependable Perth based criminal lawyers with barristers and solicitors servicing the whole of Western Australia.

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