what qeustions shouls i ask my attorney when filing a civil law suit

First, you must ask yourself if you have a good case. Second, you have to ask if you would be happy with a settlement or going to mediation if you end up filing a lawsuit. Finally, assuming you do win your lawsuit, you need to ask yourself whether or not you will be able to collect any form of judgment.

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What should I look for when hiring a civil lawsuit attorney?

Be sure you feel comfortable with the attorney before making a decision. Make sure you hire an attorney who has the time and interest to pursue your interests and advise you of the pertinent aspects of your case. What kinds of things should I consider before pursuing a civil lawsuit? There are a few important legal questions you should ask.

How do you answer a civil lawsuit?

There are different ways you can answer the lawsuit, and which you choose will depend on the allegations in the complaint and whether you agree with them. Type your responses in numbered paragraphs that correspond to the plaintiff's numbers, then reference the number in your statement.

What questions should I ask myself before filing a lawsuit?

Second, you have to ask if you would be happy with a settlement or going to mediation if you end up filing a lawsuit. Finally, assuming you do win your lawsuit, you need to ask yourself whether or not you will be able to collect any form of judgment.

Do I need an attorney to file an answer to a lawsuit?

If the lawsuit is complex or involves a significant amount of money, it may be in your best interests to work with an attorney. If you draft and file your answer without talking to an attorney, you could accidentally give up rights that you didn't intend to lose, such as the ability to raise certain defenses.

What 4 things should you consider before filing a law suit?

8 Factors to Consider Before Filing a LawsuitCost/Benefit. First and foremost, you must do a cost/benefit analysis of the potential lawsuit. ... Chance of winning. ... Alternatives. ... Collectible. ... Time. ... Willing to involve witnesses. ... Statute of limitations. ... Privacy.

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What should I ask for in a law suit?

You will need to decide what you want the court to do, who to include as plaintiffs, and who to sue. If you bring a lawsuit under Section 1983, you can ask for three things: money damages, a declaratory judgment, or an injunction. You don't have to ask for just one—you can ask for two or all three.

How do you successfully win a lawsuit?

Tips for Success in the CourtroomMeet Your Deadlines. ... Choose a Judge or Jury Trial. ... Learn the Elements of Your Case. ... Make Sure Your Evidence Is Admissible. ... Prepare a Trial Notebook.Learn the Ropes.Watch Some Trials. ... Be Respectful.More items...

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

What is a prima facie case of negligence?

Four elements are required to establish a prima facie case of negligence: the existence of a legal duty that the defendant owed to the plaintiff. defendant's breach of that duty. plaintiff's sufferance of an injury. proof that defendant's breach caused the injury (typically defined through proximate cause)

How do I know if my lawyer is cheating on a settlement?

Dennis BeaverThe attorney does not return phone calls in a reasonable amount of time, and;In a meeting with the client, if the lawyer is being very short, taking phone calls, trying to re-schedule, not giving enough time to the client, does not listen, ignores what is asked or is not answering questions.

How do I ask my lawyer for an update?

AnswerRaise the issue early on. Establish, in advance, a clear understanding about case updates. ... Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal.

How do you get a judge to rule in your favor?

How to Persuade a JudgeYour arguments must make logical sense. ... Know your audience.Know your case.Know your adversary's case.Never overstate your case. ... If possible lead with the strongest argument.Select the most easily defensible position that favors your case.Don't' try to defend the indefensible.More items...•

How do you represent yourself in court?

Here are some basic steps you can take to make sure you are prepared to represent yourself in court:Read about the law that applies to your case. Do research at the local public law library. ... Look at the options that would solve your problem without having to go to court. ... Make sure you follow the court procedures.

How do you impress a judge?

Be Respectful of The Judge At All Times When Speaking – And When Listening. “Your Honor.” If you want to impress the judge, make those two words part of your courtroom vocabulary. Your thoughtfulness is a sign of respect for the position the judge holds.

What is a valid claim?

A valid claim is one where the grievance can be resolved by legal action. For instance, and by way of example only, say you decide to take a cruise and the ships captain gets a little tipsy one night, running the ship aground. You are thrown from your bed, breaking your arm and suffering a concussion.

How long do you have to file a lawsuit after an injury?

Some limits may be as short as thirty (30) days, and they are seldom greater than six (6) years.

What to do if a company doesn't respond to a letter?

If the company does not respond within a reasonable time, write again , summarizing your first letter and asking for action or response. You may also want to contact your local media's consumer reporters. If the company still fails to respond, you may decide to pursue a court case. It may be appropriate to pursue your case in small claims court. Or you may try alternative dispute resolution.

What happens if you are thrown from your bed?

But say instead that it was cloudy for the whole week of your cruise, thwarting your planned dream tan.

What is the order and progress of the investigation of a potential lawsuit?

The order and progress of the investigation of the potential lawsuit, as well as the initial filing of the lawsuit, should that become necessary, is a process which cannot be accomplished in a short period of time if it is to be handled properly. To best represent you, it is generally in your best interest not to hurry the process of litigation. ...

Can you sue a local developer?

Also, something bad must happen to you, or have had an adverse effect, directly or indirectly, upon you. For instance, you cannot sue your local paper for libeling your best friend. You also cannot sue a local developer just because a building he designed is excruciatingly ugly.

Is hiring a lawyer based on advertisements?

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. You should inquire into the lawyer's education, training and experience, and speak with the attorney to determine his or her qualifications and the reputation of the firm.

How to sue someone for a wrongdoing?

1. Prepare your complaint. To sue someone, you must prepare a document called a complaint that you will file with the court. The complaint includes the grounds or cause of action for your lawsuit. If you have a lawyer, she will draft and file your complaint.

How to recover money from someone?

If you want to recover money from someone, you should file a lawsuit against them in civil court. Unlike defendants in criminal court, civil court defendants typically have to pay money if they lose, and cannot be sentenced to jail time . Steps.

What to do if you don't have a valid legal claim?

Before you file a lawsuit, you need to do some preliminary investigation to make sure that the law is on your side. If you do not have a valid legal claim, any lawsuit you bring will be dismissed by the court, and you will have wasted time and money.

What do you do if your opponent breaks a law?

Most of the time, you will need to file in a state court if your opponent broke a state law, and in a federal court if your opponent broke a federal law. Then, prepare a complaint for the appropriate court that shows the grounds for your lawsuit.

How long can you file a personal injury lawsuit?

For example, one state may allow a plaintiff who wants to file a personal injury suit 1 year from the date of the injury, while another state may allow 4 years from the date of the injury.

Why is it not worth it to sue someone who doesn't have money?

It will not be worth the money and time it takes to bring a lawsuit if your opponent doesn’t have any money or assets, because you will not be able to collect anything, even if you win. However, if money is no object, you may want to consider a lawsuit anyway in order to get validation that your opponent was wrong.

Where do you file a lawsuit?

Decide whether you should file your case in state or federal court. The law establishes limits on which courts have “jurisdiction” (power) to hear and decide a case. You must file your lawsuit in a court that has jurisdiction over your case. Generally, you should file a case that deals with a state law in state court.

What should a lawyer outline?

Lawyers should outline the possible ways to handle a case and then explain why they have chosen a particular strategy, including the pros and cons.

How to feel comfortable with an attorney?

You should feel comfortable from the beginning of your attorney-client relationship that you will be able to have regular communications with your counsel. Make sure that you exchange contact information and agree on the ways that you will stay in touch.

What is the importance of having a lawyer?

Getting a lawyer with the right legal background is essential, but it is also important to know whether your attorney has experience with the judges who will likely preside over your case. If yours is a criminal matter, it is important to know if your lawyer knows the local prosecutors. This courtroom experience can greatly enhance your lawyer’s ability to evaluate the likely outcomes in your case and give you advice that you can rely on.

Why is it important to choose the right lawyer?

Choosing the right lawyer is a very important decision—whether you were in a car accident, have a medical malpractice claim, or find yourself the target of a criminal investigation. Referrals from friends or co-workers can be great, but you need to do your homework to make sure you have the right attorney for the job.

What should a lawyer review with their clients before trial?

Every lawyer should review with their clients the possibility of a negotiated resolution prior to trial. In criminal matters, for example, you may be able to get a good plea bargain. In civil cases, your lawyer might propose mediation, a settlement negotiation process involving a neutral third-party.

How to discuss case strategy?

In discussing case strategy, your lawyer should give you an estimate of how much time it will take to get to a resolution. Keep in mind that your lawyer does not control the pace of the process and cannot make any promises about when it will be over.

What is a conflict in a lawyer?

If the lawyer’s representation of prior or existing clients would limit the attorney’s ability to represent you, there is likely a conflict. For example, if you want to sue a hospital that the potential lawyer regularly represents, there would be a conflict. A conflict might also arise if the attorney you are interviewing has already been hired by ...

What is the rule of civil procedure 11?

Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my knowledge, information,and belief that this complaint: (1) is not being presented for an improper purpose , such as to harass, causeunnecessary delay, or needlessly increase the cost of litigation ; (2) is supported by existing law or by anonfrivolous argument for extending, modifying, or reversing existing law; (3) the factual contentions haveevidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonableopportunity for further investigation or discovery; and (4) the complaint otherwise complies with therequirements of Rule 11.

What are the two types of cases that can be heard in federal court?

Generally, only two types of cases can beheard in federal court: cases involving a federal question and cases involving diversity of citizenship of theparties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treatiesis a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen ofanother State or nation and the amount at stake is more than $75,000 is a diversity of citizenship case. In adiversity of citizenship case, no defendant may be a citizen of the same State as any plaintiff.

What to look for in a conflict search?

Make sure your counsel performs a conflict search not only to see if the firm represents the party who is suing you, but also to search for names of your competitors, suppliers, customers, or anyone else you might be uncomfortable having represented by the same firm representing you. While you still may want to use that firm, you can request that your attorney take precautions to segregate your information from other attorneys in the firm who represent those other clients with whom you may have a concern

What is personal jurisdiction?

Personal jurisdiction relates to limitations placed on the courts to protect you from being sued in a state where you have not done business. The venue question is similar and requires the court that has the most connection to the case or the parties to preside over the case. The venue and personal jurisdictional defenses, if not raised immediately, will be waived and you won’t be allowed to raise them at a later date.

Does general liability cover contract disputes?

Even if your general liability policy does not cover contract disputes, some provide coverage for claims based on trade secrets, defamation, environmental damage, software, and malware related claims, and other non-negligence type claims. Let the insurance company evaluate whether there is coverage, even if you believe there is none. While coverage may not be guaranteed, what is certain is that the failure to notify the insurance company of the suit in a timely fashion will jeopardize any coverage you may have had.

Do you have to preserve documents in a lawsuit?

Any business-related lawsuit will require you to preserve documents potentially relevant to the dispute. Make sure you discuss this with your counsel at the first meeting and make sure your counsel understands how to preserve your electronic documents and what the extent of the preservation will be. Your attorney should understand how your IT system works and any routine document destruction policies. You should also discuss sending preservation notices to the other side if you believe the other side may not be preserving documents needed for the litigation.

How to answer a lawsuit?

There are different ways you can answer the lawsuit, and which you choose will depend on the allegations in the complaint and whether you agree with them. Type your responses in numbered paragraphs that correspond to the plaintiff's numbers, then reference the number in your statement.

What to do if you are being sued for owing money?

For example, if you are being sued because you owe someone money, you might want to find any written contracts or agreements you have. Check the amounts stated in the complaint against the amounts on your statements and make sure they match.

What happens if you fail to include all the required elements in a complaint?

If he or she has failed to include all the required elements, you may be able to file a motion to have the complaint dismissed.

How to determine if you have any defenses available?

Research the law. Check any law cited in the complaint as well as related laws to determine if you have any defenses available.

How many copies of your answer do you need?

After you've signed your answer, make at least two copies. You'll need one for your own records and one for the plaintiff – the court will keep the originals. Depending on the subject matter of the plaintiff's lawsuit, there may be other forms you need to file with your answer, such as declarations or affidavits.

What does "demurrer" mean in a lawsuit?

For example, you might respond with a demurrer, which means that even if everything in the complaint is true, it's still not a legal reason for you to be held responsible for the plaintiff's damages or losses.

Why do you raise a defense in an answer?

Keep in mind that just because you raise a defense in your answer, you aren't committing to arguing it later. Sometimes attorneys will raise defenses in an answer simply to preserve them in case they want to use them later. After you learn more about the case, you may decide that a defense you raised in the answer no longer applies, but raising it in the answer means you won't risk losing the ability to argue it later.

How to win a breach of contract suit?

It seems pretty straightforward that in order to win a breach of contract suit, you must prove that the other party breached the contract, meaning that they did not do what they promised to do. Here, you will need to show that the contractor did not complete the kitchen renovation. Damages.

What happens when a contractor takes your money?

The contractor, instead of starting the work, takes your money, only starts performance by ripping out the kitchen floor, and then buys beer for his employees with the rest of your money. You decide to sue under a theory that the contractor broke the contract.

What is a good case?

A Good Case. In "lawyer-speak," almost any lawsuit (a cause of action) can be broken down in a series of steps, or components of legally required elements. To ensure you have a "good case", you, the plaintiff, will need to go down this checklist of elements and make sure that you can satisfy or prove each one. ...

How to succeed in a breach of contract?

In order to succeed in a breach of contract action, you must be able to show that you held up your end of the bargain under the terms of the contract. In this situation, you have paid the money to the contractor, thus fulfilling your obligation. Breach.

Can you win a lawsuit against someone who won't pay?

Keep in mind that it will do you little to no good to win a lawsuit against someone that has no possible way of paying a monetary judgment to you in the event that you win. Good feelings about prevailing and vindicating your position won't pay your court fees.

Can you prove that a contractor did not complete the kitchen renovation?

Here, you will need to show that the contractor did not complete the kitchen renovation. Damages. Here, you must be able to prove your economic damages. For instance, in this situation, you may need to hire another contractor in order to complete the job that the first contractor failed to do.

Is it time to settle a case outside the courthouse?

Settlement and Mediation. Although you may be able to prove all the elements of your case, it is still not time to head to the courthouse. In the American legal system, many more cases and controversies are settled before or outside court than are litigated to conclusion.

What is a free consultation?

Lawyers will often provide a free or very low-cost consultation to discuss the details of your situation and give you an opportunity to ask some basic questions about the attorney. This meeting should not only help you decide whether to go forward with a lawyer in general, but also whether you should proceed with this lawyer. If you later decide to hire the lawyer, you will go into a more detailed discussion of your case and ask more specific questions along the way.

Is it important to have an aggressive attorney for divorce?

First, if you are seeking an amicable divorce, for example, but the attorney is known to "go for the kill" in divorce cases, the attorney may not be the right one for you. Similarly, if you're looking for an aggressive attorney to handle an upcoming corporate merger, for example, you'll want someone who isn't afraid to push the envelope, so to speak.

Is it important to know the financial background of a lawyer?

For example, if you are an individual with a particular legal problem, but the attorney your meeting with represents only corporations, this may not be the best lawyer for you. Likewise, you may wish to know the financial background of some of the lawyer's clients. This is because there may be different issues a lawyer is used to factoring when working with high net-worth individuals vs. college students.

What does a lawyer need to know?

Your lawyer needs to know the results you desire at the end of the suit. It helps them to work towards attaining them. For instance, if you want monetary compensation for something terrible that was done to you, let them know. Do not forget to tell them the amount you think would be enough for you.

Why do you want to know why you picked a lawyer?

Your prospective lawyer or attorney will want to know why you picked them. It will allow them to understand how you think, approach problems and your life in general. This makes it easier for you to work together since they know you, your needs and desires. When answering this question, be frank but always show them that you value their competence. This will motivate them to provide their best services.

How would you like to communicate with your lawyer?

If, for example, you like face-to-face communication because it allows you to understand things better, inform them. You may also live in a place where telephone connection is weak, and they need to know so that you can look for better ways to communicate. With the best communication channels, you can solve your case faster.

What is class action lawsuit?

A class-action lawsuit is a lawsuit where a group of people, or class, collectively sue a party or organization. This happens when the individual claims of each plaintiff may be too small to build a case,...

Do lawyers want to know your case?

A lawyer will want to know every single detail of your case. This includes the circumstances that forced you to file the suit. When answering this question, be as honest as possible. Do not withhold any important information from your attorney. It will increase your chances of winning in court.

Can a lawyer negotiate with a client?

You can even ask them to lower them for your convenience. Most lawyers have no problem negotiating with their clients. These are some of the many questions that your attorney might ask you during your first meeting. Be as genuine as possible because it will lay a solid foundation for your working relationship.