Facing civil litigation in Ecuador can be a complicated and stressful experience if the right decisions are not made from the beginning. Many cases that could be resolved favorably end in negative outcomes due to avoidable errors. Therefore, today we tell you what the 5 most common mistakes in civil litigation are and how you can avoid them with the help of a specialized lawyer.
1. Not hiring a lawyer specialized in Civil Law
One of the most serious mistakes is facing litigation without the representation of an experienced civil law attorney. Ecuadorian law is complex, and without proper legal counsel, you can make strategic or procedural mistakes that affect your case.
How to avoid it?
From the first indication of conflict, consult with a civil attorney who knows local procedures and can devise the best strategy for your defense.
2. Failure to present sufficient or relevant evidence
In any judicial process, evidence is essential. Many people rely solely on his word, but in civil law, whoever affirms something must prove it. Not having documents, contracts, receipts, or witnesses can seriously weaken your position.
How to avoid it?
Always keep important documents and, in case of conflict, collect as much evidence as possible to support your side of the story.
3. Ignoring procedural deadlines
The General Organic Code of Procedures (COGEP) in Ecuador establishes strict deadlines for each stage of civil litigation. Failure to meet these deadlines can mean the loss of your right to claim or defend yourself.
How to avoid it?
Work together with a lawyer who manages and controls procedural deadlines. This will prevent expirations or preclusions that affect your case.
4. Not considering mediation or alternative solutions
Many civil disputes can be resolved more quickly and cheaply through mediation or conciliation. Ignoring these avenues and taking everything to trial can be costly and time-consuming.
How to avoid it?
Before initiating a lawsuit, consult with your attorney about the possibility of negotiating or mediating. In Ecuador, some processes even require exhaustion of mediation as a prerequisite.
5. Acting impulsively and not following the legal strategy
The emotional toll that litigation creates can lead you to act impulsively, make public posts, or say things that hurt your cause. Every action outside of legal strategy can be used against you.
How to avoid it?
Always follow your lawyer’s instructions. Don’t talk about the case publicly or make decisions without legal advice.
