Alternatives That Are Available To Suing Someone In Court

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The practice of using the law to resolve conflicting claims has existed since Hellenistic times, and Americans in particular embraced the courtroom with extraordinary zeal. There is a new lawsuit in America every two seconds, with more than 15 million nationwide in 2011.

Alternatives That Are Available To Suing Someone In Court

Alternatives That Are Available To Suing Someone In Court

Litigation has become a growth industry; The American Bar Association, the professional association for lawyers, notes that there were more than 1.1 million lawyers in the country in 2007, and law schools have continued to add more than 50,000 new lawyers each year since then. The profession as a whole has taken to heart the old saying that “one lawyer in town is broke, two or more lawyers get rich.”

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In a modern society, there are several cases for which you can consider filing a lawsuit:

Lawsuits are filed every day on very important issues (including the right of voters to elect the President of the United States), as well as on seemingly trivial issues, such as the length of a person’s hair or how much avocado should be included in a product labeled as “guacamole” instead of “guacamole flavored.” Whatever the issue, if someone feels strongly about it and is willing to invest time and money to address the perceived injustice, a lawsuit will be filed.

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Lawsuits are always stressful, expensive, time-consuming affairs with uncertain outcomes. As a result, most attorneys recommend filing a lawsuit only as a last resort after considering or trying all other dispute resolution methods.

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While the average duration of a civil trial in the US is less than four days, the actual length of time it takes to get to court can be years, depending on the backlog and the court’s schedule. Legal experts say that two to five years from the filing of the case to the actual trial is typical.

The length of time between filing and trial is often because delaying tactics are an effective defense strategy. Many plaintiffs lose energy or lack the capital to pursue a case for what appears to be an indefinite period of time. Even if you win the lawsuit, there are no guarantees of satisfaction as the court ruling can be appealed. Higher appellate courts struggle with their own backlog of cases to hear, and when the appellate case is finally heard, can reverse the lower court’s decision as if the stalking never happened.

A popular misconception is that attorneys typically represent their clients on a “per-case” basis, or a percentage of any judgment recovered as a result of a successful lawsuit. In fact, most attorneys do not represent clients in this way, but are compensated on a time and expense basis like other professionals.

Alternatives That Are Available To Suing Someone In Court

After hearing your side of the case, an experienced attorney estimates his time to take a case through a full court hearing, as well as any third party expenses that may be incurred. Your attorney will likely ask for a deposit equal to 20% to 50% of the expected costs before agreeing to represent you.

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For example, if your attorney’s estimated time and expenses for handling a child custody dispute are $10,000, he or she will likely request an upfront salary of $2,000 to $5,000. This ensures that the lawyer of his fees, regardless of the outcome of the case. Since the holder is offset against subsequent invoice fees, you will be required to complete the deposit. Any amount remaining from the arrest will be returned to you at the end of the case, whether it is cancelled, settled or a judgment is given.

You should be aware that most attorneys are excellent time keepers and often divide their work days into 5 or 10 minute billing segments. Also, you should always be aware that your lawyer is “on the clock” at all times – a five-minute phone call about the football game on Sunday could cost you $25.

Filing a lawsuit is relatively cheap, but managing a legal case through a court order can be very expensive. As the plaintiff – the party initiating the lawsuit – you have the ability to cancel the case at any time. This is an important right, and it should not be forgotten as expenses increase and circumstances change.

“Discovery” – the time between the filing of the lawsuit and the hearing – is full of periods of frantic activity and endless delays waiting for the court’s ruling, information from the other side and inventing your own lawyer. During this time, your witnesses and any experts you may use to support your case are asked to provide extensive material and are questioned about every aspect of their lives, credentials, education and business practices that may affect the outcome of the package you can expect to face the same scrutiny.

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As a result, you are likely to alternate between periods of extreme anger, frustration and depression; Your sense of privacy, fairness and truth can be severely tested. Your pocket book will probably be deeply bruised too. Although less than 5% of the lawsuits filed actually go to trial and a final verdict, the threat of a long and expensive process that will end in an uncertain outcome is usually required before a settlement can be reached. Filing a claim and seeing it through to completion is not for the faint of heart, nor for those less than 100% committed.

America’s legal system is the most expensive in the world, and is often cited as a reason for excessive spending in a certain industry. For example, some economists argue that excessive lawsuits against doctors have led to the practice of defensive medicine and significant additions to the nation’s exploding health care costs. In short, in every corner you can find a critic of our justice system. But what is the alternative?

Some cases can only be resolved through our legal system, especially when the issues are complex, the underlying facts are uncertain and the parties are far apart, which precludes the possibility of compromise. Filing a lawsuit may be the most practical and humane way forward, despite its price and toll on the individual parties involved.

Alternatives That Are Available To Suing Someone In Court

Michael R. Lewis is a retired corporate executive and entrepreneur. During his 40+ year career, Lewis created and sold ten different companies ranging from oil exploration to healthcare software. He has also been an SEC-registered investment advisor, a principal at one of the nation’s largest management consulting firms, and an executive vice president of the largest not-for-profit health insurance company in the United States. Mike’s articles on personal investing, business management and economics are available in several online publications. He is a father and grandfather, who also writes nonfiction and biographical pieces about growing up on the West Texas plains—including the storm. Civil lawsuits arise when people, businesses, and other entities, including government entities, disagree. There are usually four stages to civil lawsuits: pleadings, discovery, trial, and possibly an appeal. However, a voluntary settlement can stop this process at any time. Trials are rarely necessary in most civil cases. Arbitration is sometimes an alternative to a trial.

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When disputes arise, people tend to make rash decisions and decide to sue. Whether the dispute stems from car accidents or injuries, family issues or financial motives, a solution can usually be reached through communication and compromise. Legal action is not always necessary to resolve disputes.

In civil lawsuits, monetary compensation is usually the goal. This may or may not resolve the underlying dispute. Lawsuits also have additional costs, such as filing fees, attorney fees, and the time it takes to prepare and appear in court.

If you plan to sue someone, you should consult with an experienced attorney to determine if you have a winnable case. Many attorneys offer a free initial consultation and will not charge you until they win your case. Find an experienced attorney near you today by knowing what to look for in a professional.

Court trial and trial: a portrait of a beautiful witness testifying to the prosecutor and defense attorney, the judge and the jury listening. A dramatic speech by a talented victim against crime.

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