Hiring a lawyer for civil litigation is an expense that must be weighed by the individual. There are some questions to answer that will help you determine how crucial it is to hire legal aid.
Do you need a lawyer for civil litigation? The answer will depend on the specifics of your case. While having legal representation is always beneficial,
sometimes it is not possible or ideal financially. To determine whether or not you will need an attorney or if you can manage without one, ask yourself the following six questions.
1. What can you afford?
This is an important question to ask yourself if you find yourself facing or filing a complaint. Few cases will go as far as court, with most parties preferring to settle beforehand. This means that you may not require that much labor from a lawyer. In fact, a simple professional legal letter might be the only step you ever need to take before the problem is resolved. So before you write it off as too expensive, see what you can comfortably fish out of your piggy bank. Even a little bit of guidance will be helpful.
2. Are there services in your community?
When you need a bit of legal advice, turn to your neighbors. Within many communities there are complimentary services that can offer citizens valuable guidance. Civil rights organizations, universities, and charitable associations may be able to point you in the right direction. Young litigators looking for experience will also often take on clients at lower rates or even for free.
3. Have you exhausted all other options?
If you're the one filing a complaint, you should ensure you have attempted all other possible resolution methods. Many companies and individuals will be willing to work with you as long as you remain calm and reasonable. If you're having difficulty with a specific individual, see if there is someone else who can better help you such as someone in a human resources or complaint department (if a business). However, don't spend too much time bargaining, as there are time limitations.
4. What will you lose?
The value of a lawyer may become more evident when you compare legal fees with the potential losses. When a large amount of money, property, or your reputation is at stake, hiring a litigator may be crucial. Weighing a loss is a very individual process. However, there is a big difference between fighting one parking ticket compared with over a dozen.
5. Is there enough evidence?
When filing a complaint, you will need to have enough evidence to support your claim. Receipts, contracts, bills, phone records, and photographs will all be crucial to your case. If there is nothing, hiring a lawyer may not be worth it. Although, if you are on the other end and evidence is stacked against you, even if you have nothing an attorney might be able to help.
6. What are the alternatives?
Mediation and arbitration are two methods that can help two disputing parties come to better compromises without having to file a lawsuit. There is much more flexibility, which may make a stubborn entity or individual more willing to come to an agreeable solution.
