Civil Litigation Law

DO I NEED AN ATTORNEY?

Many disputes are settled before anyone files a lawsuit. Depending on the circumstances, you may be able to work out a settlement with your opponent without hiring an attorney. Similarly, if your dispute is one that may be handled by your local Small Claims Court, you may not need an attorney.

For larger claims, however, you should retain a lawyer to represent your interests. Often, a lawyer can work out a settlement of the dispute before a lawsuit is started. If that is not possible, you will want a lawyer to represent you in court. The Rules of Civil Procedure that govern court proceedings are complex and not following them can result in your case being lost. You will be at a distinct disadvantage if you don't have an attorney.
Call the office at 407-688-1301 ext. 303 for a consultation.

HOW IS MY ATTORNEY PAID?

If you are the Plaintiff, and depending on the type of case in which you are involved, you should discuss with your lawyer what his or her fee will be for representing you at the beginning of your case. The two of you may work out an arrangement whereby your lawyer will accept a fixed, or flat fee, for representing you. If you are a Defendant, your lawyer probably will want to be paid an hourly fee. However, depending on the circumstances of your case, you and your lawyer may agree on a different arrangement. Whether you are a Plaintiff or Defendant, you should discuss with your lawyer what his or her fee will be for representing you at the very beginning of your case and insist that most adults at sometime will become involved in a dispute with another party. It might be a contractor who damaged your home or a breach of contract you had with another party. Most people ar sometime during their life will become involved in a dispute with another party. Some, however, will escalate into Civil Lawsuits.

WHAT IS YOUR LAWSUIT WORTH?

Certainly the most common question we are asked is, "What is my lawsuit worth?". No attorney can tell you during your initial conference what your lawsuit is worth. We can offer you some insight, however, the cases you read about in the paper are generally important exceptions to money awards in lawsuits. If these cases weren't "different" (either very low or very high,) then the media wouldn't be interested in them.

• No two lawsuits are exactly the same. Just because another person settled for a certain amount or was awarded a certain amount by a jury doesn't mean that you should or can recover the same amount.
  
  
• Most people who file lawsuits do not get every penny they want or every penny they deserve. Since the harm done to you is personal, no amount of money can make it "right" for you. Nevertheless, it is wise to keep your expectations realistic.
  
  
• The "worth" of your case will be determined in one of two ways—either by mediation or trial by a jury. In other words, the "worth" of your case is the amount you are willing to settle for (in mediation) or the amount that the jury or judge decides that its worth.
  
  
• If we enter settlement negotiations or mediation for you, your lawyer will advise you about each offer you receive. This advice is given based on knowledge of the facts of your case (both for you and against you) and based on the lawyer's knowledge and experience. Since settlement negotiations and mediation will not occur until much later in your case, when all the facts are known, the worth of your case cannot be established immediately. At the initial consultation we will advise you of the strength or weakness of your lawsuit.

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