Litigation Career Guide and Counseling

Question: litigation? Whom would litigation be most advantageous and least advantageous in resolving a dispute?

Answer: Litigation is most advantageous for the party with the complete evidence to support his claim or defense in court.

Question: How do I explain the cost of civil litigation to high school students in a simple and straightforward way? My high school class (juniors and seniors combined) is researching various civil cases as they investigate litigation relating to issues of personal concern to themselves. As part of this unit I want the class to consider the economic impact of litigation. I want my students to understand cost in a broad spectrum, not just the perspectives of a few interest groups. I would appreciate any insights into how it might be possible to present the cost of litigation in a simple, fair and engaging way to students. I am trying to find credible internet resources as well.

Answer: This website is pretty clear good , you might find it handy: http://www.blogdenovo.org/archives/00163… You could try a brain storming activity on the board and have them write it down too. Brain storming always simplies things. I know some teachers have used the fish bone diagram for this particular subject. For an idea, check the following link and scroll down a bit: http://www.isixsigma.com/library/content…

Question: How would i explain the litigation process to a client? A hypothetical case. Mrs. Thomas is being sued by her neighbor Ms. Davis,for running over her prize winning tulips and killing them. Ms. Davis is suing Mrs. Thomas and asking the court to award her 20,000 in damages. Mrs Thomas has never been sued before and doesn't understand the litigation process. Mrs. Thomas attorney has already advised her to try to resolve the matter through mediation. How would I explain the litigation process to Mrs. Thomas in understandable terms?

Answer: Can you just ask Mrs. Thomas' attorney to explain it in layman's terms? He may have done this before to other clients. Saves you the trouble of a misunderstanding.**

Question: What is the approximate cost of litigation in a debt collection case? I was threatened with litigation by a debt collector and need to know the cost of litigation for negotiations.

Answer: You don't mention the amount nor the source of the collection debt. If the amount owed is small, the collector will probably not file for legal action. Some collectors don't have the right to file for suit too. Keep that in mind. Generally debt collectors (not attorneys) collect on a contingency basis. 40 - 60 for example. The collection company keeps 40% & remits 60% to the creditor. Might want to consider offering a settlement of 50%. The collector will probably take it. The creditor would then get 30% and the collector 20%. A bird in the hand .... Before agreeing to a settlement, make it part of the deal that upon satisfaction of the debt (even for a lesser amount) the debt will be removed from your credit bureaus file. And to answer your question - it depends on where you live. Some states do not allow garnishments on wages. Period. In my state, the attorney I use for collection on contractual debts charges 1/3 of the amount of the initial suit. Plus the debtor pays all court costs & garnishment fees. Those fees generally cost $130. Good luck.

Question: How to obtain copy of judgement on public interest litigation case? Hi Folks, Any information on how to obtain an judgement copy of public interest litigation would be very much appreciated. Thanks,

Answer: Dear Buddy, It cannot be no different. It should be like that of other cases. May God Bless Senthil EG Iyappan

Question: How do I market our environmental consulting firm, especially with respect to our litigation support? Our litigation support is well established and our expert witness is a big name in the industry. However, our litigation services travel by word of mouth. We need to actively market these services to find work to fill in the gaps between large cases and expatriate word of mouth. We also offer other services that we need to push. How do we get the word out and bring in steady business?

Answer: I don't know your company, but if you want something cheap and use the Internet, then visit networking sites (linkedin, and many many more) But in general terms, try to get closer to the people you want to reach (study them to get to know them better). If you have a decent budget you need less creativity, otherwise you need lots of research and work. It can be fun!

Question: For whom would litigation be most advantagous and least advantagous in resolving a dispute and why? As opposed to other forms of dispute reolution such as mediation and arbitration who would benefit the most from litigation and who would be disadvantaged by it and could you please provide some reasoning?

Answer: Litigation is most advantageous for those who are trying to set policy by it. For instance, an insurance company may want to establish a public perception that it will take cases to trial unless litigants against it settle for low amount the company wants to offer. That perception will encourage litigants to settle for the low amounts, thus saving it money over the long haul, even if it does lose a few cases along the way.

Question: How do SC justices consider the factual basis of litigation, rather than issues of law, in appellate review? What consideration do United States Supreme Court justices give to the factual basis of litigation, rather than issues of law, when considering appellate review? Also, how can this relate to the writ of habeus corpus? In regards to "factual basis of litigation" and appellate review only looking at the record of court proceedings, I mean what consideration is given to the facts of the case--rather than issues of procedural law.

Answer: They can ONLY look at what is contained "In The Record." This means that NO NEW EVIDENCE can be introduced. If there IS new evidence, they can remand for a new trial.

Question: Are there any credible internet resources that provide information on the cost of civil litigation? I am a high school teacher and my students are investigating various civil cases for a research paper. Part of the paper requires the students to examine the economic impact of civil litigation. I am trying to find internet resources that provide information on national trends, costs, and the impact of civil litigation on society. I appreciate any help with this search.

Answer: Usually when you hear discussion of what's described as the economic impact of civil litigation, you're hearing a political discussion, in which one side or the other is complaining about what it calls frivolous cases. More often than not, these "frivolous" cases turn out to be not frivolous at all, but cases which the complaining side has lost, or is about to lose. That having been said, the costs of civil litigation vary tremendously by type of litigation and by location in which the litigation takes place. You'll find that business organizations, such as the Chamber of Commerce, will have well written explanations of why the costs are in their view too high...and lawyers' organizations explaining that access to the law, and litigation, benefits everyone, because it helps level the playing field, protecting both the large and the small from infringements on their rights and damage caused by those who without litigation would be unchecked in their ability to harm others.

Question: When did litigation become commonplace in Presidential Elections? Candidates seem to be weighing litigation against someone or some process every week. They contest primaries and caucuses with elections, re-count demands, and voter fraud claims. But where did it all start? What was the first campaign that really began bringing lawyers into the process?

Answer: they are all lawyers doing what they do best