Going through trials, litigation, and the like can be a daunting task. Considering that there are many factors that you have to think about before even pursuing legal matters, many do not know where to start. It is no secret that legal battles take a great deal of time and commitment both financially and emotionally, and not to mention the fact that you can never be sure if you will receive a favorable outcome. With that being said, these factors should not deter you from making your case. c
1.Cost
Civil litigation can be a costly endeavor. Depending on your situation there could be there could be a lot at stake financially. Your lawyer can require payment in 3 different ways: an hourly fee, fixed rate, or a contingency fee. It is a good idea to check with potential representation as to what they require in terms of fees. Be sure that you speak with your lawyer about fees upfront and get a definitive answer. Have an idea of how much you are willing and able to spend but it is important to be flexible. According to Steven Elia, an attorney in San Diego, civil litigation (San Diego based and otherwise) costs can vary quite a bit and the time it takes to settle a case will depend on a variety of factors outside of your control.
It is also best to have contingent funds even more so because the trial could go on longer than expected. You can get an example of what you can expect here at Court Statistics Furthermore the reality is that there is an emotional toll that civil litigation can bring, so it is imperative that you prepare yourself both mentally and financially.
2.Time
No two cases are ever exactly the same so to speak. In other words, just because a similar case took a certain amount of time does not mean that your case will be the same. It is realistic to understand that cases are unique and some circumstances can prolong your trial. Findlaw gives a timeline of how civil litigations can play out. In some of the best circumstances, a trial can take over a year’s time. Not only will that change how much you’ll spend on your attorney, but also you need to be able to commit in the long run. The reality is that you will have to devote more time to litigation and it will impede on your personal life. Prepare yourself to be able to allocate time away from work, home, and social outings to give your lawsuit the attention it needs.
3.Representation
Having the right representation on your side can make all the difference. Getting a great lawyer can significantly lower both the time and cost factors when dealing with civil litigation, which is why you need to do your homework when seeking out an attorney. More importantly you need to have a lawyer that has your interest as their main priority. Many law offices will often look for alternative measures to when handling civil litigation, as they understand that it is a time and money-consuming endeavor. They look for the best route to take care of your matters whether it involves litigation, mediation, or another method. In addition you will be walked through every step of how your trial could play out, giving you an idea of what is in store. Having an attorney who puts your needs above their firms is crucial, ultimately because it bears weight on how well they can represent you.
Deciding to pursue civil litigation should be a well thought out decision. One should not take this lightly or base it off of emotions. Being aware of how much money, time, and what type of representation you’ll need are important factors. There are times when mediation and settling may not be your best option. If that is the case, you will need adequate representation. Civil litigation can be taxing, however there are times where it is the only option. In order to set yourself up in the best situation possible, be sure to contemplate these 3 things before pursuing your case
Serious stuff, good thing i’ve never been litigated before. I remember the movie “The Social Network” wherein how to retire a millionaire if the two groups of people didn’t litigate the founder of the social network. Where they won/settled in the end and got their huge share of money. So i appreciate the value of this topic.
Costs are such a major factor. I was never paid half of what was contracted for a job, but because the company was based in Indianapolis and I was in NYC, it didn’t make sense financially for me to pursue legal action, as I would have had to travel there and incurred all those expenses in addition to legal fees.
We had to take a former landlord to court years back, and it was only small claims court, but was still surprised the amount of time and cost that went into it. Thankfully we won so it was worth it in the end. 🙂
It makes a lot of sense that if you want to be as cost-effective as possible with your litigation, you would try to get the best attorney possible. That way, you can save time with whatever legal work needs to be done by the attorney. I agree, though, that pursuing civil litigation shouldn’t be an impulsive decision. You should really weigh all the costs and benefits before going through with it.
I’m glad that you emphasized that it is important to weigh the factors before deciding whether you’ll pursue litigation, not just deciding based on emotions. Emotions can change, and in the future, you may wish you had gone with litigation, even if it did seem hard at the time. I’m also glad that you realistically laid out how much time litigation may take and how it can impact your life, so people who are considering it can make their decision more reliably. Thanks for the article.
Great advice! Civil litigation costs can definitely run up quick, so it’s important to hash that out with your lawyer before you get into it all. Thanks for sharing!
Hey Pauline Paquin !!
Great share !!
Civil litigation describes the process by which public and private legal disputes are resolved through negotiation or use of the courts. Broadly speaking, most of these disputes involve money in the form of compensation or require another party to take or not take a specific action. In civil litigation cases, this compensation or specific action takes the place of criminal proceedings.
Keep posting !!
Have a great day
Thanks for sharing this useful tips with us. I agree with your thought that, These tips really help at the time of dealing with civil litigation.
Litigation lawyers manages all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes.