Litigation Myths Debunked!

Nicole Quattrocchi | | Categories: Civil Litigation , Commercial Litigation , General Litigation

Litigation Myths Debunked!

When it comes to litigation, people have a fixed notion based on what they have seen on television or what has been portrayed by the media. However, what we see on popular tv shows or other media platforms may not always be correct. In several cases, it varies significantly from the reality.

While we can't deny the fact that legal processes are complex and confusing, a lack of understanding about the legal process and system has resulted in the circulation of myths and pre-conceived misconceptions about lawsuits and the litigation process. To help prevent you from falling prey to these various false notions, The Quattro Firm, L.L.C. has debunked some myths about litigation.

Myth 1: You don't pay to litigate unless you win.

Well, sometimes that can be true if you have what is called a 'contingency fee' arrangement. In such cases, you retain a law firm or attorney and agree to pay them a percentage of any recovery that you get, usually between thirty to forty percent. Not all cases are eligible for this kind of arrangement. In general, contingency cases are cases involving medical malpractice claims, personal injury claims and some other specific areas of law. It's difficult if not impossible to find a lawyer who will work on a contingency basis for small claims, landlord-tenant issues and other areas of general litigation. Some law firms do not offer any contingency arrangements. As a general rule before you file suit or even begin to think of filing suit, you should plan for a way to pay for the services of any attorney.

Myth 2: You can always recover your fees in litigation.

While almost every claim will include a request for attorney's fees and costs, they may not be ultimately recoverable. If the case progresses through a trial, it will be up to the judge to award fees and costs and he or she may elect not to do so if he or she does not believe the award of fees is warranted. Even if the judge does decide to award fees and costs, it may not be the full amount that you have paid out of your pocket. The judge will determine what he or she feels is the appropriate amount of fees. If you settle out of court, the award of fees will be up to the parties and their respective attorneys.

Myth 3: Litigation isn't expensive.

Litigation is very costly! Not only will it cost you in attorney's fees, but it is stressful as well. For depositions and hearings, you may have to miss work. You will likely spend a lot of time agonizing over your case. This is why it is best to think about the overall costs before deciding to litigate. It if often the best tactic to file a lawsuit in order to show a defendant that you are serious, but to quickly negotiate a humble settlement where the costs of litigation are considered by both parties.

If you're looking for an experienced lawyer who views his/her clients as a whole person and not just a set of legal issues, get in touch with The Quattro Firm, L.L.C. We believe that in order to be successful advocates, we must be able to understand the full needs of our clients and not just the legal needs. To know about our areas of practice, please click here. If you have any questions about your legal situation, get in touch with us by clicking here.