Originally posted 2012-07-09 09:00:04.
You hear about burden of proof a lot in criminal cases. We hear it on TV and in the news on a regular basis. We hear it so often that it can be easy to forget that proof is a part of every dispute and/or trial, including those in my area of practice, construction law. Even in this area of the law, sometimes the truth of what happened and what you can prove happened (so that you can recover or defend) fail to coincide.
On numerous occasions, I spend time with clients and potential clients discussing this fact. As much as I try and emphasize talking to me, or another construction lawyer, early on and on a regular basis, much of my practice involves putting the pieces back together after the fact. Often I only get called once a dispute is to the breaking point. This fact of life leaves me, or any other attorney, with only those tools that his or her client gives me.
