Question: How long does each case last?
Answer: Unfortunately
this depends greatly on factors out of the control of your attorney including rulings by the court and actions taken by the
opposing party. Cases can sometimes be settled before they are even filed. Many times, simply having an attorney
draft a "demand letter" makes the other party realize you mean business and can convince them to compensate you
and avoid litigation. Other times a case will need to be filed and may settle prior to trial. Courts set a timeline
for each cases and generally from the time a case is filed to the time trial is heard is about 12-20 months. If an
appeal is necessary after a trial, this will likely take an additional 24 months because of the litigation backlog
at the Court of Appeals.
Question: When is it worth it to
hire an attorney? Maybe I should just represent myself?
Answer: There is an old adage
that "he who represents himself as an attorney has a fool for a client." It is unfortunate, but there
are still a number of judges who disdain those parties who do not have an attorney representing them in court and this could
affect your case negatively. There are major pitfalls to representing yourself and you may undermine or even completely
destroy your claims or defenses unwittingly. Corporations, by law, must be represented by an attorney in court.
For some lesser dollar claims, though, hiring an attorney is not worthwhile. For claims under $3,000, small claims court
is often advisable (and in fact attorneys are not allowed to represent clients in small claims court). We can counsel
you and give you our input on the likely sucesses of your claim or defenses and help you determine whether or not it is worth
pursuing, or the reasonable settlement value of a case, or whether even hiring an attorney is advisable. We offer a
free half hour consulting period.
Question: What is the role of a
litigation attorney?
Answer: The role of a litigation attorney is to be your representative and
advocate in court, and to provide you advise on your case. Your attorney will need you to provide facts and
sometimes documentation and will seek comment from you on your observations and thoughts. It is the attorney's
job to develop the arguments from those facts and the legal and practical strategy most likely to bring success. We
endeavor to explain the legal ramifications of our arguments since we want our clients to be informed
and understand the legal process and our work.
