Considering Filing A Lawsuit? Here are a Few Things you Should Know
By USABR
Considering filing a lawsuit? Jeff Kravitz, partner at Fox Rothschild LLC, explains the dos and don’ts of suing someone on the Price of Business with Bill Knapik. There is a lot to know before you move forward with litigation, from expenses to the time commitment, the role of emotions to how to prepare for an initial consultation with an attorney.
Chances are, if you have been wronged, emotions are running high and perhaps influencing your decision to file. When you are wronged, it can be very difficult to be objective. You are angry because you have been wronged and, if you are on the receiving end, you might be scared that you are about to get sued. Do your best to level with your attorney and always be honest. It never hurts to bounce your ideas off of a loved one to see their reaction. Even if you receive a positive response, it is wise to keep in mind that litigation is A) expensive and B) difficult to undo once you begin. Before choosing this route, consider mediation with a trained mediator, mutual friend, or your priest or rabbi. This tactic is sometimes successful and far less stressful than proceeding with a litigation.
If you decide to move forward with litigation, interview more than one attorney to find one with whom you feel comfortable. Mostly, you will want someone with whom you can be level and who will be honest with you about whether they would prefer to be representing you or whether they would rather be on the opposite side of the table. Be cautious of “happy-face lawyers,” who tell you initially that you have a great case but then, just before the trial, advise that you should settle. When going in for an initial consultation, make sure to show up prepared. You need to know what it is that you want to accomplish and how to accomplish it, and to be honest with your attorney about the details of the situation and if your opponent has any valid claims against you. A tactic Jeff often uses with his clients is to look them in the eye and say, “What is the other side going to say about you?”
Even if you file, explore early resolution. This is a very common avenue; 96% of the cases in Los Angeles County settle. Make sure to understand the merits of your case before undertaking the expense of litigation. Litigation is always expensive and the process is often difficult to undo once you have begun. By the same token, be prepared to go to trial and for it to take a long time. Think carefully about what you want out of the situation and whether it is worth your time. For example, it does not make sense to sue for $10,000 when the other side is going to file a multimillion dollar lawsuit against you. Remember, litigation is war. Not only are the costs are high but filing is also a massive expense in terms of time. Depending on jurisdiction, resolving a case in court can take anything from 18 months to 5 years.
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Jeff Kravitz is one of the leading intellectual property, trademark, copyright and trade secrets attorneys in California, USA. Jeff focuses his practice on business and intellectual property, entertainment and technology disputes.
Jeff represents clients in the entertainment industry, including production companies, studios and individuals with their litigation needs, particularly concerning copyright infringement, invasion of privacy, sexual harassment and provides business counseling related to their intellectual property.
Jeff has significant experience with copyright, trademark and unfair competition matters, as well as media, libel and trade secret law and partnership breakups or “business divorces.” Additionally, Jeff represents online technology companies and emerging startups in litigation matters and counsels companies as they seek to protect their intellectual property.
