Going to Court Without a Lawyer

In recognition of that, judges frequently give pro se parties extra flexibility with the rules. This makes litigation more frustrating for a represented party, but judges recognize that it may be too demanding to require a pro se party to perfectly comply with the rules.

Taking it Personally

Lastly, not all arguments in litigation are resolved through legal research and case citations. Many day-to-day disputes are argued by claiming that one position is unreasonable or that it is so unusual that another lawyer is surprised the other lawyer would even think to assert it. These arguments imply that the other lawyer is bad at their job; that they are acting unreasonably or so outside of the accepted bounds of the profession that the other side is genuinely surprised

Wrongful Death Claims

Separate from the criminal law associated with death, plaintiffs can bring civil litigation claims against defendants, alleging that they caused the death of another person and seek damages to compensate for the loss. While this may sound duplicative of the criminal law process, it operates somewhat differently. The procedure is more similar to a traditional business dispute, although with the drama and distress that comes with the loss of life.

Emotional Distress

Successful plaintiffs often present testimony and evidence about the distress they suffered. This may include evidence that the plaintiff sought professional help for the emotional distress or the testimony of witnesses who observed a demonstrable change in behavior. Some present expert witnesses that can describe the suffering that a plaintiff may feel in a specific situation.

Defamation Claims

According to an appeals court, the elements of a defamation claim in New York are: “a false statement, published without privilege or authorization to a third party, constituting fault as judged by, at a minimum, a negligence standard, and, it must either cause special harm or constitute defamation per se.”

Where Do Clients Come From?

A lot of law firms represent clients because their clients bought an insurance policy and the insurer retains the lawyer to represent the policyholders. This makes the relationship between the law firm and the insurance company very valuable for the law firm, and as a result, the law firm may provide the insurance company favorable rates. The insurance company may have a “panel” of lawyers it refers matters to, and those lawyers are called “panel counsel.”

Jury Instructions

A jury needs to be instructed on many different subjects, not just the elements of the claims at issue. For example, the law dictates what evidence is, what cannot be considered as evidence, how the jury should deliberate, what burden a plaintiff needs to carry to win, and how to calculate the amount of damages to award. In order to enable the jury to apply the law to these subjects, a judge must instruct them.

How To Select a Litigator

The first factor I’d recommend is reading the lawyer’s work. Is it easy to read? Does it sound logical? Does the lawyer even have work product for you to read? These are important questions, since a big part of a litigator’s job is to write clearly and intelligently. Even if you are a lay person, a good lawyer’s writing should be understandable. A bad lawyer’s writing may either be unintelligible or, as is often the case, bizarre, sloppy, or ranting.

Litigation Writing Style

I find that people take lawyers more seriously when they stick to the facts. If a defendant failed to pay $1 million, just say that. I understand how serious that is and I can work with you to address the underlying issues. But by comparing the defendant to a monster or a criminal, the defendant is more likely to want to clear their name and thus not settle. And the defendant may view the plaintiff as unserious and thus view their claims with skepticism.

Fiduciary Duty Claims

Once someone is a fiduciary and they breach a duty, that does not automatically mean that the plaintiff has a winning case. Fiduciaries owe duties to specific people and, if the plaintiff is not one of the people owed the duty, she may not be able to sue for the breach.

How Litigators Dress

Every office is different. Some workplaces are stuffier by nature, priding themselves in being elite institutions. Others are more relaxed, taking pride in being a place that people can do their best work in by being comfortable. As a result, different law firms take different approaches to dress.

Keeping Litigation Fees Lower

While it is nice to know that a lawyer is available to take the burden of a lawsuit off of a client’s shoulders, a client should also remember that lawyers often bill by the hour. And so it may make sense to delegate the work that a non-lawyer can perform to less expensive workers or for the client to perform the work themselves.