Navigating Litigation: A Comprehensive Guide to Legal Challenges and Choosing the Right Attorney
By Courtney Chapman
Have you been sued? Are you thinking of suing someone? If either of these apply, you may be facing a situation involving “litigation.” Litigation is the process of resolving a dispute through the court system. When facing litigation, it may be hard to know where to start.
However, there are a few steps you should always take when you get sued or whether you are deciding to pursue litigation.
You should first learn about the process of litigation and what you may face. Next, you should determine whether you have insurance that may provide coverage for any lawsuit you may be involved in by contacting your insurance agent.
Finally, you need to find an attorney.
Choosing an attorney to represent you in a legal matter may the most important decision you’ll make. Regardless of the situation, you should find an attorney you trust and who is qualified to handle your situation.
It may feel like an overwhelming process, but knowing what questions to ask during a consultation can make finding the right one easier. Here are some questions to ask.
What areas of law do you practice?
There are many different types of disputes you may need an attorney to litigate. Litigation covers a broad range of industries and subject matters. At Woods, Fuller, Shultz & Smith P.C., we have over 40 attorneys with the experience and expertise for almost all legal matters .
Our areas of litigation expertise include business, employment, bankruptcy/creditor’s rights, insurance, personal injury, property disputes, intellectual property, product liability, professional liability, trusts and estates, and many more.
Because litigation is so broad and attorneys can specialize in many different areas, it is important to understand if the attorney and law firm you retain will be able to handle other areas of the law that may arise with your case. As a general rule, most attorneys focus their careers on specific areas of the law to gain expertise in those areas.
An attorney who has experience in the area that your case covers will not only have a deeper understanding of your case, but they will also have the right resources at their disposal to handle your case more efficiently. You may also want to ask if the attorney has any specialized training or knowledge in the areas of the law that they practice. Sometimes certain areas of the law require special knowledge for effective representation.
As a full-service law firm, Woods Fuller attorneys collaborate and work together to provide you with representation that covers almost any area your case may involve.
Have you handled cases like mine?
When it comes to finding the right attorney, experience matters. Ask the attorney how many years of experience they have in a certain area of the law. An attorney who has extensive experience in handling cases similar to yours will understand the law, how judges typically rule in those types of cases, what information and arguments need to be presented, whether such cases typically get appealed, and how long the case should take.
Hiring an attorney who has the right experience will increase your chances of obtaining a good result and may also save you time and money.
What are the potential outcomes?
While no attorney can guarantee a certain result, it is important to understand the possible outcomes of your case. There are various ways that cases may be resolved whether that is through settlement negotiations, motion practice, or a trial. The odds of winning or losing your case depend on many factors, which is why an attorney should be honest and set realistic expectations from the start.
If you are facing an uphill battle, you will want to know from the beginning how to make informed decisions and prepare yourself for the challenges that you may face. Asking questions that require the attorney to analyze your case and the potential outcomes can help you better understand the steps they plan to take and whether there are alternative courses of action that may produce more desirable results for you.
These questions can also help you understand the time and expense that it will take to resolve your matter.
In considering the potential outcomes of your case, you should consider that there is no guarantee you will be able to collect a judgment entered against the other party. If you win a case, the court cannot force the other party to pay the judgment. Therefore, you should consider and ask the attorney the likelihood of being able to collect a judgment against the other party.
It may be hard for an attorney to predict such an outcome, but there are certain considerations that an experienced attorney can take into account when determining whether you will be able to collect the judgment. Additionally, you should be aware that you will almost certainly be responsible for your own legal fees.
The general rule in litigation is that opposing sides of the case must pay their own legal fees regardless of who wins.
What is your representation style?
This question is important for at least a few reasons.
First, you should identify what you might be expecting from your attorney to determine whether their style is compatible with what you are seeking. Attorneys have various representation styles that vary based on their personality, the type of case, the legal issues that are involved, and the judge who is handling the case.
Second, it is important to ask your attorney how they handle working with other parties, including the other side’s attorneys. Attorneys should pride themselves on handling cases ethically and civilly. Attorneys have a special responsibility in representing you and your interests, but they also serve as the intermediary between you and the court. Ethical attorneys are more likely to maintain your trust and the trust of opposing attorneys and the judge.
Lastly, it is also important to understand how the attorney communicates with their clients and how they will keep you informed of the progress of your matter.
Where is my lawsuit going to be?
You should ask your attorney where your lawsuit will take place. There are many factors that go into where an attorney can and will file your lawsuit, and you should consider that your case may not be filed where you live. Your case may need to be filed in the county where the party you are suing lives. The case may also be filed in a different state, depending on where the facts of your case arose and where the other party is located.
Additionally, an attorney may file your case in either state or federal court depending on the facts of your case. An attorney must be licensed in the state and court to file or defend a case in that court. Therefore, you must determine whether the attorney is licensed in the jurisdiction where your case is to be filed.
Attorneys at Woods Fuller are licensed in South Dakota, Iowa, Minnesota, North Dakota, and Nebraska and would be able to handle your case in any courts within these states.
First Consultation
In addition to preparing questions for an attorney, you should also be prepared to provide the attorney with information about your case in your first conversation or consultation with the attorney. In order for an attorney to be able to answer your questions, you will need to provide full and accurate information and documentation regarding your situation. It may be helpful for you to write down all of the facts of your case.
You will need to provide information regarding all of the parties involved, the history of the situation, when and where the facts of your case arose, the current status of your case, any facts of the dispute and any documents, photos, and evidence to allow the attorney to make an initial assessment of your situation.
For example, if your case involves a dispute involving the purchase of a house, you will need to provide the names of the buyers and sellers, the realtors for both sides of the transaction, the title company, and any documents involved in the purchase of the house.
Or, if you were involved in a car accident, you will need to provide the names and information of all parties involved, a description and photos of the accident and any damages you sustained, doctors bills or reports for any injuries, your insurance information, including your insurance card, agent contact information, insurance policy, and any communications to or from your insurance company, and any emails or text messages that are related to the accident.
Contact Woods Fuller today to find the right attorney for you.
Preparing questions for your first conversation or consultation with questions for an attorney and having the information regarding your case will help you determine whether an attorney is the right attorney for you. Woods Fuller’s attorneys have the experience you are seeking.
