Author: lee

Private Investigator: A Secret Weapon to Win a Lawsuit

What do private investigators actually do?
We are all very familiar with private investigators since they are frequently portrayed in various movies, television shows, and comic books. Private Investigators are hired by their clients to conduct investigations and gather information for all different types of cases, but what they actually do can be a little different from what we have in mind. We can clearly understand what their job is about when we see how they work for litigation cases. Judges, lawyers, and prosecutors often hire private investigators when they need to come up with a solution.

Why hiring private investigators?
The legal administrative duties are divided and given to different positions in order to promote efficiency. In a criminal case, the job of the district attorney is to apply the law to the case and look for precedents. It is the district attorney detective’s job to collect all the necessary evidence and witness statements. On the other side, the defendant’s lawyer takes care of the legal matters and hires a private investigator to collect necessary evidence from outside the office. Any lawyer who has worked as a district attorney before opening a law office likes to hire a private investigator for both civil and criminal cases because the district attorneys are used to working with detectives. Private investigators who have worked for the police are fully aware of what they are expected to do. However, attorneys who have not worked for government agencies might not be familiar with this method and working with private investigators. These attorneys rely on the statements collected from their clients only because they themselves will not do the work of a private investigator. It is probably because they lack the experience and knowledge of working with private investigators or it could be related to the cost of hiring private investigators. However, it is definitely worth hiring a private investigator in order to collect compelling evidence and speed up the entire process.

Who can be private investigators?
Although each state has different requirements, it is generally easier for retired police officers to be certified as private investigators. All the necessary investigation techniques cannot be acquired without sufficient training and experience. Private investigators should know how the legal system works in the United States and be familiar with all the legal procedures, related statutes, and operating systems and organization of the government agencies.

Eligibility Requirements for “Certified” Private Investigators
Private Investigators should be “certified,” and the eligibility requirements are quite strict, especially in the state of New York. Those who are applying to be Private Investigators must have at least three years of full-time investigative experience as an investigator for a government investigative agency or police agency, or 20 years of service as a police officer. The applicants should pass the license examination and verify their character by providing witnesses. Once they are certified, they receive a variety of benefits such as medical insurance along with the retirement pension. However, they can lose all of these benefits when they are convicted of perjury. Therefore, private investigators do not risk their own careers for someone else by providing false statements or reports.

PI as Witness at the Court
It is actually quite a challenge to secure witnesses for trials. When initially asked, witnesses generally say that they are willing to testify, but a lot of things are uncertain until the trial date is set. It might take 3 to 5 years to get to the trial. During this time, the relationship between the litigant and potential witnesses might change. Or the potential witness might move to a far place or become unreachable for personal reasons. This is why private investigators are perfect candidates to be witnesses. In other words, they are “professional” witnesses. Even after 5 years, they will still show up when they are required to do so. The statements collected by the private investigators can be submitted as evidence without having a witness present as long as the private investigator is present at the court.

Private Investigators as Messenger
When there is an ongoing dispute, it is not wise for the litigants to directly communicate with one another. Having another conversation can lead to an extra problem. It is possible to use some socially respected figures or religious leaders to mediate disputes, but it is not realistic when dealing with personal disputes. In that case, the private investigator can work as a messenger by listening to both parties and delivering the messages between the parties. The private investigators can even provide some advice and might be able to help find a solution between the parties.

Private Investigators Can Report a Crime for You.
It is not so easy to report illegal activities to the corresponding agencies as a civilian for several reasons. You might feel threatened since there might be potential risks if it is later found that you are the one who reported the crime. Or it could be burdensome or scary for someone who is not familiar with the law. Or if you do not have concrete evidence, things can easily become much more complicated. In any case, you could hire a private investigator to report such crimes. Private investigators are experts in preparing necessary evidence and they know how, when, and where to submit it. You do not have to reveal your identity when you hire a private investigator. However, you cannot hire a private investigator just for the sake of reporting a crime for you. Also, keep in mind that the private investigators have the discretionary authority to report any crimes when they detect illegal activities of individuals or organizations while investigating for their clients.

Private Investigators Have the Fiduciary Duty.
Private Investigators have the fiduciary duty for their clients. This means that they should work for the best interest of their clients and keep all information and communications confidential.

Private Investigators Can Gather Evidence.
In court, how evidence was obtained is as important as the evidence itself. Therefore, all of the evidence needs to be verified and how it was found, kept, and filed is very important. In order to submit evidence to the court, there should not be any illegality involved in the process, and the person who is submitting it should not have any legal problems. If the evidence was illegally obtained, it will not be accepted at the court. Furthermore, the person who submitted it might be punished. Usually, civilians might not be able to tell if a certain action is legal or not, but private investigators clearly know if something is legal or illegal. The outcome of each trial depends on what evidence each party is able to present. This does not necessarily mean who has more evidence, but rather, who has stronger evidence. The client does not have to use every piece of evidence. He or she can select which evidence that is more favorable for his or her position.

Private Investigators Can Tell You What is Needed to Win!
The cost of hiring a private investigator is close to that of hiring an average paralegal. However, the network, knowledge, experience, and wisdom from working as a police officer or investigator are undeniably valuable. Lawsuits cost a lot of money, and the total amount does not change whether you pay your attorney, paralegals, or private investigators. The importance of hiring private investigators cannot be emphasized enough. It will definitely save a lot of time and money because you can probably predict the outcome beforehand by consulting with a private investigator. They can tell you what is needed to win a particular case. If the expected outcome is negative, there is no reason to begin a lawsuit. That is why you need to understand the role of a private investigator.

The Rights of the Client

How do you deal with a bad lawyer?
Have you ever used Google to find a lawyer? You can see there are a lot of positive reviews and advertisements, but complaints or negative reviews are much harder to find. Have you wondered why? So, what should you do if you are not satisfied with your attorney? Even if you post your own experience and opinion online, the post will not last for a long time. It is because lawyers are more than ready to take legal actions as soon as they see something negative about them. They can possibly sue the person for defamation and/or obstruction of business. They remove any negative posts that might harm their reputation or affect their businesses negatively.

Is it realistic to sue a lawyer?
Let’s say there is a client who lost his or her case and thinks it was because his or her attorney was the problem. Can this client sue his or her former attorney? It will be difficult for the client to do so for various reasons. In order to sue the attorney, this person has to probably hire another attorney and pay all related fees. On the other hand, it is not going to cost any money for the attorney since he or she will represent himself or herself.
Also, the client has to deal with emotional damages from being betrayed by someone who he or she really trusted. Usually, such cases are immediately settled. That’s the reality.

File a Complaint to the Lawyer Discipline Agency.
The client can protect himself or herself from potential damage by understanding his or her own legal rights as a client when hiring an attorney. The best way to deal with legal malpractice of an attorney is to file a complaint to the state lawyer discipline agency. It is probably not so easy to determine if there was malpractice or not. It is better to have a group of professionals and let them decide. Lawyers are much more concerned about keeping their licenses than stopping negative rumors from spreading. The discipline agency has the authority to take away someone’s license. Once a complaint is filed to the agency, usually, more than 9 experts carry their own investigation, cast votes, and come up with a decision. The standards and obligations that they have to follow are very strict. It will be much more effective to post something online after receiving the result from the discipline agency. Then, you don’t have to worry about being legally punished for your post. Also, when you have a dispute with your lawyer, use a third party person to be the messenger between you and your lawyer. Make sure to use someone you can fully trust so that communication can be effective. In many cases, it is more successful to use a third party person because the client is usually emotionally charged.

Always Get the Second or even Third Opinion.
The client does not have to keep the same attorney from the beginning of the lawsuit until it is over. The client has the right to change his or her attorney at any time as long as he or she pays the attorney fees up to date. When you begin to doubt the faithfulness of your attorney, you should consider consulting another attorney. You have the right to demand a detailed explanation regarding the fees and transactions, and the attorneys have the legal obligation to provide such information. Also, it is safer to contract on a flat rate or receive the invoice on a weekly or monthly basis. Keep in mind that it is better to keep all the inquiries in emails or letters so that you can use them as evidence later if necessary. It is important to see whether the attorney did his or her best for the case and answered the client’s questions diligently and faithfully, or not.

Your Legal Rights as a Client
After a lawsuit begins, the client can freely meet with the other party and try to reach an agreement. There are certain guidelines from the court that you have to follow, but it does not forbid you from communicating with the other party. You don’t have to go through your lawyer all the time. If you use your attorney to talk to the other party, the lawyer is going to ask you to pay by the time spent. It is very important to fully understand your legal rights as a client as well as the obligations of the attorney. Then, the expectations will be clear, and you will be able to keep your best interest before anything else.

How Do You Deal with Lawyers?

Commercial Lawsuits are Different.
There are different types of laws such as Commercial, Family, Immigration, Real Estate, Labor, and Criminal Laws, and most lawsuits are decided according to the statutes and regulations. However, there is some room for individual discretion when it comes to commercial cases such as disputes over breaching contracts or allocating profits. In other words, the ability of an individual attorney will actually determine the time it is going to take, the cost, and the final outcome. The ability of the lawyer plays a big role in commercial lawsuits.

How to Fill Out a Complaint
Usually, most clients are not familiar with the laws, and that is why they hire lawyers and seek professional advice. The first step of a lawsuit is to fill out a formal complaint. At this stage, the client probably wants to share all the details of what had happened so far, but it is not necessarily helpful to include all the details in the complaint because it can be used against the client later on. You do not want to add more problems because it is going to take more time to resolve.

Time is Golden.
Some lawyers prefer to contract on a flat fee, but most professional lawyers receive the hourly rate. Thus, time means money for them. Out of the entire process, it takes a lot of time to listen to the whole story from the client and create a complaint based on the story.

Lawyers Want Lawsuits.
If the lawyers are putting the interest of their clients first, they will try to come up with a concise complaint since it will eliminate some potential disputes and reduce the attorney fees. However, the lawyers who put their interest first will try to push for a lawsuit even with the slightest chance. Usually, the lawyers tend to encourage the clients to go for lawsuits. It is because the final outcome is actually up to the judge and/or jury, and it is hard to predict the outcome. The attorney will provide advice on how to handle different issues while the lawsuit is ongoing. When the client is not familiar with the law, it might be difficult to tell whether the given advice was for the client or for the attorney. It is nearly impossible to find out if the lawyer is actually doing the job right for the client unless something was done illegally. If you are going for a trial, the total attorney fees for the entire process is way beyond affordable even for middle-class individuals. The lawyer can provide legal advice and services, but he or she is not responsible for the final outcome. The client is the one who is carrying all these burdens. So, make sure to choose someone who you can fully trust.

Here are some tips on how to deal with lawyers.

1.      Seek advice on how to resolve your dispute, rather than how to win a case. The main goal is to get money from the other party. It is meaningless to go for a lawsuit if you can’t get the money even if you win.

2. Before you go for your appointment, make sure to gather all the necessary documents and evidence. If you provide an oral statement during the session, it could take a long time and some information might not be delivered accurately.

3. Before your appointment, do some research on similar cases so that you are aware of the average cost for the trial as well as the duration of the lawsuit process beforehand.

4. Study the related vocabulary words in advance. If you are not familiar with certain legal terms, the lawyer might spend the time explaining the terms to you and you might not get to the point that you wanted to make.

5. Ask the attorney about the worst-case scenario. No one can predict the outcome of the trial. Make sure to ask about the possibilities of losing the case.

6. Before hiring your attorney, make sure to meet 2-3 different lawyers. It is better to let them know in advance that you are seeking advice only, not necessarily hiring anyone particular. If the lawyer is aware that the client is not hiring him/her, then he or she will remain neutral and provide objective opinions. Make sure to pay for the session. The lawyers will want to provide a more detailed explanation since it is more money for them if there are more questions that they need to answer.

7. Make sure to document the legal advice from each session and bring it with you when you meet another lawyer. Then, you can clearly compare different opinions and will be able to see the nature of the lawsuit.

8. Let your attorney know that you have other options to choose from if he or she is not doing a good job. If the lawyer is aware that he or she could be fired at any time, it will motivate him or her to be more faithful and diligent.

9. Make sure to have your attorney to report on all activities, and you should be the one making the final decision. If the client does not lead the process, the lawyer is going to do whatever he or she thinks is right. Keep in mind that each document submitted by the law office is irrevocable and thus has the potential to ruin the entire lawsuit. The client should double-check all the time.

10. When you submit a document, make sure to ask how it is going to be used and bring up the issue of privacy protection. Usually, the documents that are submitted to the courts are open to the public. Only the client is aware of the sensitivity of the material being exposed to the public.

The Importance of Serving Complaints

How do you serve the complaint?
The lawsuit officially begins by serving the complaint. Different ways to serve the complaint are set by the law. The plaintiff cannot serve the complaint to the defendant. It should be served by someone else who is 18 years old or over. Depending on the nature of the relationship, it may also be handed to someone living with the defendant, or delivered to the workplace, or placed at the front door. The defendant needs to respond within the deadline.

Who are Process Servers?
Usually, the complaints are served by process servers or town sheriffs, and they cannot wait for a long time when there is no one home due to their time limitations. So, they will leave and plan to come back later if there is no answer. Therefore, if your case is time-sensitive, your complaint should not be served by those people. It might be better to hire somebody to save time. Also, you have to keep in mind that it might be challenging to verify the identity of the receiver if there is a language barrier. All servers need to write an affidavit stating when, where, and how the complaint was served. They need to include the physical characteristics of the recipient as well. When there is a language barrier, it can be challenging to get accurate information.

Misserved Complaint Can Dismiss a Case.
If you receive a complaint, you are most likely going to meet a lawyer to get some kind of advice. All the lawyers will probably verify two things. First, they will find out if the court has jurisdiction over the case. Second, they will ask how the complaint was served. These two factors are usually the main disputes at the court since the case can be easily dismissed if there are problems with these two. It is true that the plaintiff can file another complaint even when the case gets dismissed, but it will give enough time to the defendant to disappear or hide his or her personal assets. The issue over jurisdiction can be quite complicated since it requires the interpretation of the law, but it is easy to identify if there was something wrong in the process of how the complaint was served.

Things to Remember When Planning to Sue Somebody

1.      If your defendant has a different cultural background, make sure to get a photo and other personal information about him or her and share this information with the server. For some people, it can be quite challenging to estimate the age of an Asian person.
2.      It is usually better to have two people serve the complaint together at the same time so that one of them can audio record or video record the moment when it is served. You could prepare a body camera. Each state has different regulations over recording conversations. So, make sure to check your own state’s regulations about this matter.
3.     Have somebody get the daily routine of the defendant through surveillance. Once you figure out the pattern, it will be easier to serve the complaint directly to the defendant.
4.      When serving the complaint, ask the recipient if he or she is the defendant himself or herself. Record the answer in the affidavit. The server needs to have as much personal information as possible beforehand so that he or she can include accurate information on the affidavit. If the recipient is not the defendant, it is important to ask the relationship to the defendant and record it in the affidavit.

Hire a Professional.
If the defendant claims that there was a problem in how the complaint was served, it might take several months for the judge to decide the matter. It will not only waste time and money but also give enough time to the defendant to prepare for the lawsuit. Therefore, it is important to hire professional servers who can do the job effectively.

How to Choose a Good Lawyer

Don’t Be Deceived by Advertisements.
People need lawyers whenever they are faced with legal issues. In the state of New York, there are more than 150,000 lawyers. There are more than 300 Korean American lawyers in the New York/New Jersey area. Usually, people choose familiar lawyers who are exposed through media or advertisements. However, these advertisements do not show who they really are.  It doesn’t really matter how kind or friendly they are or if they are making any contributions to the community. It is their experiences that make a difference. The lawyers with more knowledge and experiences tend to bring more favorable outcomes.

Find the One with Lots of Experience.
Not every lawyer knows the law well enough to win. The license itself does not guarantee that. There is a clear gap between a novice lawyer and a seasoned lawyer. They will take different approaches. It is like any other job. The more experience you have, the better you become at what you do because you have gained more wisdom.  Then, how can you find a lawyer who has lots of experience, wisdom, and knowledge?

Go through the Court Records.
The name of the attorney is stated in the complaint. You can verify the experiences of an attorney through complaints that are kept at the county courts. You could do the search online or offline. You can search for the name of the lawyer, law office, or firm. The experienced lawyers are not necessarily much more expensive than the ones without experience. Within the same region, the prices are usually similar, so if you are spending the same amount of money, you would want to hire a lawyer with better skills and more experiences.

Get a Second Opinion.
Find out how many cases the lawyer has worked on so far and what the outcomes of those cases were. Also, make sure to get a second opinion about your case from another lawyer. Keep in mind that advertisements can be quite misleading. Therefore, verify the skills and experiences of each lawyer when hiring.

Things You Have to Know When Considering a Lawsuit

Is My Lawyer Trustworthy?
Let’s say there is a dispute over money and it has been a while since it started. Now, you are thinking about a lawsuit. Then, you would want to get some advice from lawyers, and the advice is from their perspective. If you had never experienced a lawsuit before, it is nearly impossible to estimate the total cost and time as well as psychological suffering that you might have to go through. Furthermore, the lawyers cannot guarantee how much time and money would be needed for the lawsuit nor could they predict the outcome of the lawsuit. There are so many factors affecting the outcome such as the judge, jury, and etc. However, your lawyer is not responsible for the outcome of the lawsuit. It is the client who has to pay the attorney fees, regardless of the outcome.  It is hard to dispute the amount of the attorney fees later on.

Does the Defendant Have Any Assets?
After the complaint is served to the defendant, his or her assets and properties will be identified through interrogation and deposition. It takes about 1 to 2 years to reach this point. However, the defendant is not very honest about revealing his or her assets when the monetary compensation is requested. As soon as the defendants find out there is a complaint against them, they will move the assets from the bank to other places and sell their real estate properties. If this is the case, the plaintiff might not be able to get any monetary compensation because there are no assets under the defendant’s name. Even if you win and receive a favorable judgment, you will not get any compensation if the defendant files for bankruptcy. Except for a few cases in which the main purpose of the lawsuit is related to social justice or belief, there is no point in going through a lawsuit if there is no monetary compensation at the end.

You can save time and money if you consider the following:

1.      Verify the legal name as well as the current address of the other party. Make sure to get the address of the place where the other party is currently living. Also, find out his or her legal name as it is printed in government-issued documents. Some people use aliases or nicknames, so the name you know might not be the legal name of that person. Also, keep in mind that the other party could just disappear or move to another place before the complaint is served.

2.      Verify what kinds of assets are under the other party. Once you find out the legal name, do a search on the assets such as how much cash is in the bank accounts or if there are any real properties under that name. You have to calculate the real value of the real estate property considering the current market value as well as the mortgage amounts. Once again, if there are no assets under the name of the defendant, you will not get compensated even if you win the case.

3.      Let’s say the other party owns some cash or real estate properties. Then, you should find out if you could get the “Temporary Restraining Order” (TRO) from a judge. TRP is similar to the provisional injunction. You could apply for it before serving the complaint by explaining the situation to the judge. If you get the TRP before serving the complaint, then you have a better chance of securing the assets. If there is no TRP, the defendant has some time to do something with his or her assets so that they can’t be taken away. TRO is very important in the lawsuit. If you successfully get TRP, you will be in a better position to deal with the defendant. You might be able to settle before the trial.

4. Check if the person has filed for bankruptcy or not. If there is no record of bankruptcy or it has been more than 10 years since the last bankruptcy, the person can file bankruptcy at any time. If the other party goes bankrupt, he or she does not have any obligation to pay for the damages.

5. If the other party does not have assets, it is better to get settled. In order to settle, it is better to deal with someone who is close to the defendant. It is considered successful if you get 50% of the requested compensation through a settlement. In case the party is not capable of paying as ordered, the judgment buyers will take the case but only pay 1% of the amount. If you toss the case to the collection agency, you have to share 50% of what you actually get. Therefore, you won’t even get 50% of the actual compensation. Most collection agencies do not take over the cases of the defendant without any assets. The agencies do their own research on this beforehand.

Expect the Worst.
You could start a lawsuit with a few thousand dollars in your hands, but the amount grows exponentially if you continue until you get the final judgment. In the beginning, you might think it will be a few months, but it could take as long as 3 to 5 years. The journey will be full of surprises. Also, if the other party decides to lie and pretends to be the victim, you might end up being convicted for the charge. In the worst-case scenario, you will have to pay what you initially wanted to receive from the other party. Therefore, it is very important you understand how risky it can be.

Email is the Best Means of Communication

Oral Communication is Not Reliable.
If you are thinking of opening up a new business, selling or buying a property, making an investment, or signing a contract, the best way of communication is through Email. Some people prefer to use the phone conversation as a means of communication, but Email is actually the best way even if it takes more time or effort to do so. It is because verbal communication is not really reliable when it comes to trust issues. If you rely on verbal communication only, you might get betrayed, frustrated, or even angry later on.

The Importance of Written Contracts
The contract will provide the guidelines when a dispute arises. Along with the contract itself, the process of how the contract was signed and the fact that it was a willful contract are all important. If the nature of the dispute is not mentioned in the contract or if there was no written contract, then we have to rely on the conversations. It becomes more like arguing with one another, and it will go nowhere. Then, the issue might be brought to the court when the parties cannot resolve the matter on their own. The court makes decisions based on the presented evidence, not on the words of the people. On the other hand, any information left in the Email can be very effective. Therefore, it is better to communicate via Email even if it takes more time to do so. When you have different discussions with your lawyer, accountant, investor, financial advisor,  or real estate agent, use your Email for your record. If you make it a habit, then you won’t regret it.

What if the other party does not use Email?
If the other party does not want to communicate via Email, then there must be a reason for it. It is probably because they do not want to be responsible for their words. If there is no written agreement, they could change their words anytime or even say they cannot remember. It is quite foolish to go for a lawsuit without having any evidence such as exchanged emails. The other party would never admit their fault. They will either lie or claim that they do not remember anything. The lawsuit without evidence takes a long time to get through, and it is very difficult to expect a positive outcome. For example, if you have an email that can prove the wrong of the other party, you can probably save 3 years and your cost will be 5 times less. If you have strong evidence, you can settle before the trial. Therefore, you can begin the initial session on the phone, but make sure to get the email address at the end of the session. Send a confirmation email and use it as a means of communication throughout the time you are working with that person.

The Reasons Why Most Civil Cases End Up Being Settled

95% of Civil Cases Get Settled.
More than 95% of civil cases are settled before trials because the parties usually agree to settle before the trial. Even on the day of the trial, it is possible to settle at the court. Why do these cases end up being settled?

Do You Want to Protect Your Privacy?
Once you begin a lawsuit, you have to submit the complaint as well as all related documents and statements used as evidence to the court, and these documents remain as court records for the rest of your life. All the court records are open to the public, which means that everyone has access to them. If somebody decides to publish using this public record, the ground for an invasion of privacy cannot be established. Also, both parties have to submit the evidence and need to be interrogated. Some litigants find it very uncomfortable being asked during the examination. They give up going for a trial once they learn about this from their lawyer and hope to settle in order to protect their personal information as well as privacy.

It can take up to 3 to 5 years.
Once you file the complaint, it might take up to 3 to 5 years to get the trial date. If you don’t want to wait for that long, you might want to change your plans. Just keep in mind that you can settle even after the trial date has been set.

Uncertainty of the Outcome
Even if you go for a trial, no one can predict the final outcome. The possibility is always 50 to 50, and no one can guarantee whether you will win the case or not. The settlement seems to be a better option considering the duration of time as well as the cost of going for a trial. If you go for a trial, the question of who did wrong will be clearly answered. However, the defendant does not probably want to have that permanent court record in case he or she gets convicted. If he or she believes that the chances of being convicted are high, it will motivate him or her to settle so that there won’t be any permanent record.

How Much Money Can You “Actually” Get?
If it is a lawsuit between two companies, the attorney fees will be at least $300,000 to $500,000. If the monetary damages you are seeking is within this range, it is better to settle. There is a possibility that you might not be able to actually receive the monetary compensation even if you win, when the losing party might not follow the court’s order. When this seems to be the more likely possibility, it is probably better to settle than to go to trial.

Emotional Stress
The lawsuit will give you a lot of emotional stress from the beginning to the end. The judge might not believe your claim while having the burden of submitting the evidence. The other party might lie about the entire situation and it could be another source of stress. In the end, the emotional stress might seem greater than the expected monetary compensation. In that case, people give up in the middle and try to settle.

How Much Does a Civil Lawsuit Cost?

Criminal vs. Civil Lawsuits
The purpose of the criminal trial is to determine if the defendant violated the law or not. If the defendant is convicted, he or she will get some form of punishment from the government agency. In most civil cases, the plaintiff is seeking monetary compensation for breaching contracts. Each state has its own procedures for civil lawsuits, and the differences exist between the state and the federal courts. Even within the same state, each county might have different procedures. If you are not fully aware of these differences or if you do not follow the procedures of the court that you are going to file,  the case might be dismissed before the trial.

Contingency Fees vs. Hourly Fees
There are two types of attorney fees in civil cases. The first type is the contingency fee, and the second type is paying by the work hours. The contingency fee means that the lawyer is taking a portion of the monetary compensation received from the case from either winning the case or reaching a settlement. The civil lawsuits for auto accidents, unpaid wages, accidents and/or bodily injuries from work, and debt collection are common cases of contingency fees. Paying by the hours of work means that the client is paying for the total hours that the lawyer claims that he or she has worked on the case. The average hourly rate of the trial attorney is $500 to $700, and the lawyer sends the invoice every month. Let’s say the lawyer worked 8 hours for 5 days for a client. Then, the lawyer would ask for $20,000-$30,000, depending on the hourly rate. Usually, the lawyers do not agree to the contingency fee when asked to take criminal cases, cases over business disputes or real property, family court cases,  or immigration cases.

First Step: File the Complaint
The first step of a civil lawsuit is when the plaintiff comes up with a complaint. In this complaint, the information of the plaintiff and defendant, the explanation of why this lawsuit has started, the content of the dispute, and requested remedies are all included. The plaintiff can sue everyone who is involved in the dispute. After the complaint is completed, it has to be filed at the designated court along with the filing fee. Then, the court will issue the case number. A complaint must state all of the plaintiff’s claims against the defendant and also specify what remedies the plaintiff is seeking.

How to Serve the Complaint
Then, the court will notify the defendant by sending the notice that the complaint has been filed. There are specific requirements to follow when serving the complaint to the defendant. Generally speaking, it could be handed to the defendant, a family member, or a housemate of the defendant. However, in divorce cases, it needs to be handed directly to the defendant. Once the defendant receives the complaint, he or she may respond by submitting his or her own opinions. The defendant can also represent himself or herself at the court. However, the defendant automatically loses the case and has to compensate the plaintiff if he or she does not respond to the complaint within the deadline.  After receiving the complaint, the defendant must respond with an answer.
What Happens After the Complaint is Served?
It is also possible to include multiple disputes in one lawsuit. Also, if the plaintiff finds out that there is another potential defendant, this new defendant can be included in the same lawsuit. On the other hand, the defendant has an option to counterclaim the plaintiff.  Up to this point, it can be covered by the initial fee, which starts from $3000 to $5000. However, the attorney fees start to add up really quickly after this point.

Pre-Trial: Discovery and Deposition
The next stage is the pre-trial, which includes discovery and deposition. Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions.A deposition is a witness’s sworn out-of-court testimony. It is used to gather information as part of the discovery process and, in limited circumstances, may be used at trial. If you lie after being sworn, you will be punished for perjury. Both parties can find out what kind of evidence each party has and they can also verify if the evidence could be submitted to the court. Also, expert reports and scientific data can be presented as evidence, too. Only the evidence that was presented during discovery can actually be used at the trial. Therefore, it can be clear which party has stronger evidence after the discovery. What needs to be done during the discovery is to dismiss the strong evidence of the other party.

Why Considering Settlement After Discovery?
Both parties need to present more credible witness statements and the scientific evidence verified through experiments and certified reports from professional experts. Plus, all of the evidence needs to be presented in a certain format required by law. Just keep in mind that it takes quite a lot of time to prepare these documents and statements. Usually, the attorney fees skyrocket during this process, and that is why many litigants decide to go for settlements. Once the clients receive the monthly invoice from their lawyers, they tend to give up their original plan because they cannot possibly afford the quickly increasing cost. If they do not reach a settlement, they will move onto trials.

Bench Trial and Jury Trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. A bench trial is a trial by judge, as opposed to a trial by jury. Judges and jurors listen to both parties and examine the presented evidence. They will decide which side seems more credible. At this point, civil and criminal cases have different standards. In a civil trial, you can win a case by showing that your evidence is more truthful than the other party. However, in a criminal case, the district attorney has to prove that there is an absolute truth. Therefore, the standards are stricter in criminal cases.

Direct and Cross-Examinations
At trials, the plaintiff and the defendant should testify at the witness stand. When they are asked by their own attorneys, they get to share their side of the story, but they might lose their senses and become very emotional as they are cross-examined by the other party. Some litigants without any previous trial experiences might lose emotional control and it can eventually affect the outcome negatively. Trials are all about proving your truthfulness or denying the claim in front of judges and jurors. The credibility of each person plays a big part throughout the trial process.

What is the Best Way to Resolve a Dispute?
A settlement is the best solution for a dispute. You can easily start a civil lawsuit by paying a couple of thousands to a lawyer. However, it takes years to get to the trial and the attorney fees go up to millions of dollars. The lawyers do not usually tell their clients about high costs, and that is why you have to be aware of this reality. You should not start a lawsuit just because you want to prove you’re right or the other person is wrong.

Checklist before Starting a Lawsuit

What Happens After the Judgment?
The judgment of a civil case is usually monetary compensation. Based on the judgment, the related parties come to an agreement on how the payment is going to be executed. The person who wins the case is called judgment creditor, and the person who loses the case is called judgment debtor. If the amount is too big, both parties can settle the amount and come up with a payment plan. If the plan does not work out smoothly, the judgment creditor can ask the executive department of the court for help. The court can put a lien on the judgment debtor’s bank accounts or real properties. Each state has slightly different time frames, but usually, the lien is valid for 10 to 20 years.

Is a Lawsuit Really Worth it?
The judgment debtor has the right to appeal, but the possibility of flipping the judgment at the appellate court is low and the cost of appeal can be burdensome. However, the judgment debtors can be legally freed from the liability if they are eligible to file bankruptcy. The primary purpose of starting a lawsuit is to receive monetary compensation. If there is no chance of actually being compensated from the beginning, there is no reason to go through the lawsuit even if you are going to win the case for sure. You have to invest so much time, money, and effort for nothing. Therefore, you need to confirm a few things before starting a lawsuit.

Verify the Financial State of the Other Party
If you are thinking about a civil lawsuit, you have to find out the financial state of the other party that you are planning to sue. If the defendant does not have any assets, there is no way that the plaintiff could get any monetary compensation. Based on the judgment from the trial, both parties make agreements on the amount of the compensation as well as the payment method. If there is a problem, the judgment creditor should put a lien on the property of the judgment debtor. Once again, if the judgment debtor does not own any assets, there is nothing put a lien on. After the judgment, the court asks the judgment debtor to submit a list of assets, but the judgment debtor usually does not put it honestly in order to protect his or her assets. The judgment debtor can avoid paying the compensation by not owning any assets for 10 to 20 years.

It’s the Creditor’s Job to Find out.
The law requires the judgment creditor to find the assets and ask to put a lien on them. In other words, the court does not find the assets for the judgment creditor. Although the judgment debtor is responsible to disclose all the assets, it is really difficult to find out. Therefore, it is up to the creditor to find the assets on his or her own. The real estate properties are harder to hide; therefore, easier to put a lien on. However, the money in the bank accounts is harder to track because it can be easily transferred. Before starting a lawsuit, you have to find out what kinds of assets the defendant has. If you overlook this truth, you might end up paying the attorney fees out of your pocket and not getting any compensation even if you win the case at the end.

Bankruptcy
The debtor can be legally waived from the liability through filing bankruptcy. So, you have to find out whether the person you are trying to sue is eligible to file bankruptcy. Bankruptcy is a legal proceeding carried out to allow individuals or businesses freedom from their debts. Filing bankruptcy does not mean that you will lose everything you own. There are certain assets you can still own even after filing bankruptcy, and each state has different regulations. If your debt is greater than your current asset, the debt will be entirely forgiven forever. If you have more assets than your debt, you won’t be able to file bankruptcy.

Preliminary Injunction
A preliminary injunction is a court order made in the early stages of a lawsuit or petition which prohibits the parties from doing an act in order to preserve the status quo until a pending ruling or outcome. The decision can be made without interrogations, just based on the documents. In other words, the creditor can minimize the damage by freezing the debtor’s assets before receiving the judgment. A preliminary injunction can be used for disputes over money, transferring ownership of real property, and requesting to return property. If the judge does not approve the preliminary injunction, it will give the defendant time to take care of the assets that are listed in the injunction application. So if it is not approved, there won’t be any assets left at the end of the trial. If the defendant owns some kind of real property, the preliminary injunction must be used.

Who Can Help You Collect the Money?
In most cases, the lawyer is responsible for the lawsuit and is not usually involved in the execution of the compensation. Therefore, if your primary goal is to receive the monetary compensation, you have to make it clear from the beginning and hire an attorney who can help you execute the compensation. Most lawyers will say that they will work on the case until they receive the judgment at the trial and tell their clients that they should look for another agency that can help collect the money from the other party. It is because it is much harder to collect the money than to win a case at the court. Therefore, the lawyers actually prefer to settle than getting full compensation through a trial. When you think about the time and money being spent, the settlement could be a better option. It is important to hire a lawyer who is aware of all available options and can come up with different solutions according to the situation.

Before Starting a Lawsuit…
Keep in mind that it will take years to actually receive the judgment through a trial. You will not be compensated for your time and any other sufferings in the process. Therefore, a settlement is actually the best option if both parties can reach an agreement. However, in some cases, going for a trial is the only option left when it is impossible to settle. Then, you have to find out if the defendant owns any assets so that you can actually get the monetary compensation from the defendant.

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