May 2015 Law Talk
Why should the Courts be the last resort (not the first!!!) for resolving a majority of disputes?
I strongly suggest you test your knowledge about the following inquiries before answering my rhetorical question!
1. How well do you know the statutes relating to Court proceedings starting with filing requirements?
2. How well do you know the other party’s obligations to respond to your filing?
3. How much do you know about your legal remedies if the opposing side fails to respond to your filings, or files an untimely, improper or deficient response?
4. Do you know the steps that are necessary before you can proceed with a default?
5. Assuming both sides did their filings properly, do you know what to do next?
6. Do you know the statutory and procedural requirements for getting your case ready for a trial?
7. Do you know what the discovery process is?
8. Do you know how to propound or respond to interrogatories and document production requests, or challenge improperly issued subpoenas or discovery devices?
9. How well do you know the required elements of your case to satisfy your burden of proof at trial or at many pre-trial stages of litigation?
10. Do you know what a Demurrer or a motion to strike a pleading is?
11. Do you what a motion for summary judgment or summary adjudication is?
12. How do you know which party has what burden of proof?
13. Do you even know what a party’s burden of proof is?
14. Do you know which party must meet their burden of proof first before the other side is even required to prove their side of the case?
15. Do you know what pre-trial motions are? Do you know how to keep out of trial the improper and damaging evidence of your opposing party?
16. Do you know enough to go to trial without legal representation?
17. Can you afford to hire legal representation?
18. Can you afford to proceed to trial without legal representation?
19. Can you afford the unknown risks and speculative outcome of trial even with legal representation?
20. Can your legal representative guarantee the outcome?
If your answer to at least half of these questions is an affirmative “no,” then you MUST consider your other options for dispute resolution before resorting to courts. Mediating disputes out of court has become the ultimate option for many who want a quick, affordable and risk-free approach to a win/win outcome.