Search Site
Menu
To Sue or not to Sue? A 3-Step Approach to Answering the Ultimate Question

For me, one of the setbacks of practicing law, namely civil litigation, is that I am no longer able to watch legal-based television shows or movies without pointing out the multitude of inaccuracies and ultimately ruining the viewing experience for everyone I am with.  TV and the Internet are such vital components to our society, but unfortunately, they do our society a disservice by misrepresenting litigation as being glamorous, humorous, and a solution to any dispute.  Moreover, the Internet is riddled with questionable online blogs and websites containing do-it-yourself legal information, which ultimately leads people to believe that they can do just as good, if not a better job, advocating their case than a licensed attorney.  Albeit, I have seen some incredible non-lay advocates put on their case in a justice or county court, but ultimately, the risk in going forward with your case pro se (without a licensed attorney) is far too great.

Two sad realities I have come to learn as a young litigator are: (1) trials can go on for months, even years; and (2) the cost of trying a case can, and usually does, end up being more than what you initially sought to recover.  A good lawyer will not ignore these realities and should counsel you on all settlement options available prior to resorting to filing a lawsuit.  Before you or anyone you know considers filing a lawsuit, please do not throw caution to the wind and consider the following three-step analysis I’ve learned to live by as a result of trial and error (no pun intended):

Step 1: Who am I suing and what is my potential recovery?

Factors to Consider: Big companies hire big law firms who will spend as much time and money as necessary to advocate for their client; Try to take emotion out of the equation as much as possible, focus on the fiscal aspect; and consider settlement offers and other remedies available, such as mediation.

Step 2: How do I find an attorney to represent me and what should I be looking for in my potential lawyer?

Factors to Consider: You hopefully are not filing lawsuits every day, so take your time and consult with several law firms; Make sure the firm has sufficient manpower to handle your type of case; Know how much you are looking to spend assuming you have to take your case all the way through the appeal process, it is far easier to get into a lawsuit than get out of one.

Step 3: Am I emotionally and financially ready for a lawsuit?

Factors to Consider: Be educated about the realities that are ahead, both time and money-wise; Once you have filed your lawsuit, you are at the mercy of the court, so be ready to exercise patience.

Obviously, this 3-step analysis would make for awful television, but the truth of the matter is that litigation is not as glamorous as it looks on television or the Internet.  Do not get me wrong, I absolutely love litigation and believe in the importance and value of the judicial system, but it is only fun and effective when all parties involved know what they are getting into.

Kyla Wilder

Phone Number: 281-367-1222

Fax Number: 281-210-1361

[email protected]

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2019

    The Strong Firm represents borrower in $42.3 million HUD construction loan for multifamily real estate development in Walton County, Florida.

    Read More
  • Spring 2019

    The Strong Firm acts as legal counsel for borrower in $32.1 million HUD construction loan for multifamily real estate development in Conroe, Texas.

    Read More
  • Spring 2019

    The Strong Firm aids borrower in $31.7 million HUD construction loan for multifamily real estate development in Nueces County, Texas.

    Read More
  • Spring 2019

    The Strong Firm represents borrower in the refinancing of a $3.57 million commercial mortgage-backed security for a commercial office facility in Montgomery County, Texas.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2019 Award

Recent Blog Posts

2019 Legislative Update – Texas POA Laws

In odd numbered years, Texas property owners associations (POAs) must consider any new laws affecting POAs that became effective following the Texas legislative session earlier that year. For 2019, a few such laws recently went into effect specific to residential POAs (but excluding condominium associations). HOUSE BILL 234 – Protection of
Read More
2019 Legislative Update – Texas POA Laws

Wrapping Up a Decade: Meaningful New Year’s Resolutions

As 2019 comes to a close, it’s a good opportunity to reflect on what we’ve accomplished and make resolutions for what we hope to do in 2020. I have never been a fan of New Year’s resolutions as they often seem like short-term, immeasurable goals. Things like “I am going
Read More
Wrapping Up a Decade: Meaningful New Year’s Resolutions

Not Worth the Paper It’s Written On

We have all heard the saying that something is “not worth the paper it is written on.”  This is usually said about a contract that is unenforceable or even if enforceable, it may have no value because the party has no ability to pay or perform under the contract.  Many
Read More
Not Worth the Paper It’s Written On

“So…What Happens to My Bitcoin When I Die?” Modern Estate Planning for Digital Assets and Cryptocurrencies

Millennials have complicated everything. Socializing in person wasn’t enough, so they created Facebook. Dollars weren’t enough, so they created Bitcoin. Every new app, technology or cryptocurrency brings with it more uncertainty legal uncertainty around these digital assets. Are they currency? Are they property? Can they be gifted? Can they be
Read More
“So…What Happens to My Bitcoin When I Die?” Modern Estate Planning for Digital Assets and Cryptocurrencies
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.

Pay Retainer Online

Use our easy-to-use and secure online payment feature.
We accept all major credit cards.

Pay Your Retainer

Contact us

Quick Contact Form