Litigation

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: Litigation? Had a wreck. The offer came back and is too little. It would leave me in the whole, a 2500 bill becasue someone else hurt me. He was ticketed. They paid for the car. Now, my lawyer wants to go to litigation. The costs will go up from 1000 to 7500 and her % from 35 to 40. I am afraid of getting in debt even further. Never mind I also just got laid off for xmas, am behind on bills and have other med bills to pay!!!!!!!!!!!!!!! She does not want money up front, but said we may have some out of pocket expenses in lititgation.

Answer: You shouldn't have to pay a personal injury attorney anything upfront. Your attorney should work on a contingency basis and only gets paid if the case is resolved. There are a lot of attorney out there.

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: What does it take to do litigation if you are already a lawyer? OK so say that I was a lawyer for over 15 years but I do not do litigation. How would I go about doing litigation. And what would it take. Is there any summer courses available or anything?

Answer: If you are licensed to practice law, you can legally represent someone in court now. If you need to be told this, you should be DISBARRED as incompetent.

Question: What evidence do we have that litigation is improving the lives of jail and prison inmates? What evidence do we have that litigation is improving the lives of jail and prison inmates? Do you agree with these improvements?

Answer: Last time I checked inmates live better lives than most average citizen this is especially true for federal prisoners. All the inmates needs are provided for by the ever so generous tax payer who puts food on his tray, a roof over his head, pays for his cable, his medical and dental care, the bed he sleeps in and his education. Ever wonder why prison is full with repeat offenders?

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 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: How old do you need to be to have a tubal litigation? I'm 27, have no children, and want no children. What age do you need to be for a doctor to perform a tubal litigation on you? And, please, no lectures about how I will want them one day, I know I don't, and I don't wish to be on birth control for the next 10 years just to prove that to them. Thanks!

Answer: in my state, at 27 with no kids, you can have one. I believe you just have to be over 25, although i am not 100% sure on that. I know certain hospitals do not perform them, and im sure each has their own "guideline" they use. If you want to do it, i would just ask your normal doctor to refer you to an OBGYN to see if you can find out what you need to do. I'm sure you already know about the IUD that is replaced every 5 years, if tubual isnt an option. That way if you did ever change your mind, its not permanet. good luck to you though!

Question: Do Americans have the privilege to file a public litigation suit? People in India have the ability to file a Public Litigation suit in the court system. I want to know if there is such a system in USA. Let it be a public litigation suit or any thing like that.

Answer: No. The party filing suit has to have suffered harm themselves. You can't file a lawsuit on somebody else's behalf. There is no need for public interest litigation though because there are so many lawyers who are happy to contact every injured party and help them sue, so nobody has a problem getting a case to court. If the party does not have much money then the attorney usually takes the case on contingency where they only get paid if they get money. This is not usually a problem in US courts where it is very easy to sue and get a cash settlement.

Question: How about contracts that are the heart of litigation in the real estate industry? Agency issues are serious business in the real estate business and other arenas as well. How can you be an agent and not be an agent? Or, can you be an agent and not know you are an agent? Wheew! What a mess! How about contracts that are the heart of litigation in the real estate industry? Good, bad, indifferent, how do you tell them apart.

Answer: It is confusing. Each local has their own laws covering the forms. For example in Illinois the counties determine what is supposed to be in the RE contracts. The terms are gotten by looking at state and local law. For example the RE contract to sell a house in Chicago, is different from the contract to sell in DuPage county -- the difference each locality has different laws. As for how to determine who is the agent, that again is under state laws. Generally, there is a written contract between a buyer or a seller and a real estate professional. In the wording of the contract - let say between the seller of the house and the real estate pro who is listing the house, there is a clause that specifically says that this real estate pro is the agent of the seller. When a potential buyer comes to you to ask you about that house, even though you go ahead and show that potential buyer the house, you are legally the agent of the seller. If you are a licensed real estate pro, go to your licensing body to get clarification of the rules for your state. If you are not licensed or studying to be, be very very careful about entering into any transaction -=-- if your state requires a license. The way you tell contracts apart, sometimes is by reading and re-reading until your eyes glaze over.

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 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 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: Litigation in California superior court or binding arbitration to resolve a dispute? Say I owned a small retail business and got involved in a legal dispute with one of my suppliers. The negotiations have been broken down and I have the option of pursuing litigation or arbitration to resolve it, which one do you think I should go for? And what would be the ups and downsides of both? =/

Answer: It depends on the amount. Is it worth paying a lawyer $10,000 for a recovery of $5000?

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

Question: To initiate litigation there are three issues to be proven. What is the third and why is it so important?....? To initiate litigation there are three issues to be proven. Two of these are the Case or Controversy and Ripeness. What is the third and why is it important?

Answer: Jurisdiction I am guessing. Without the third, the Court has no right to rule.

Question: what happens when an auto claim goes into litigation? I was in an accidnet 10/06 and the settlement that was offered to me was not acceptable. I have had an attorney from the beginning and it is now going into litigation. Does anyone know what steps are involved? Does it have to go to court or can the attorney's work something out that would make me happy?

Answer: Well, the first things you will notice won't be that pleasant. Litigation is the same as a lawsuit. The pace of a lawsuit is glacier like. Instead of thinking in terms of things happening in days or weeks now they will happen in months if not years. Your lawyer will file a complaint with the appropriate court and then the other side will have somewhere around 30 to 45 days to get in a response to the court and your lawyer. Then you get to deal with interrogatories and the discovery process. Very few lawsuits from auto accidents actually get into court. The vast majority of cases are settled before a jury sees it. Most of the time, both sides will continue to try to negotiate a settlement even as they proceed through the lawsuit process. Make sure you check the contract that you signed with the lawyer. Sometimes the lawyer will charge more if they have file a lawsuit.

Question: Can you still donate your eggs if you have had a tubal litigation? I am a 23 year old mother of two healthy children. I have had a tubal litigation and am seriously considering donating my eggs. I have done some research on the subject via the internet and have spoken to my husband and he is perfectly ok with the idea. However, I have been unable to find any information on whether or not it is possible for me to do so with having a tubal litigation being done.

Answer: Yes it is because they retrieve the eggs by aspirating them through a needle that goes through your uterine wall and into your ovaries bypassing your tubes altogether.