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.

 

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 2021

    The Strong Firm prevails in dispositive motion regarding Texas economic loss rule resulting in dismissal of claims again party.

    Read More
  • Spring 2019

    The Strong Firm successfully forecloses first priority lien against multi-million dollar commercial asset.

    Read More
  • Spring 2021

    The Strong Firm secures writ of reentry after unlawful lockout of commercial tenant.

    Read More
  • Spring 2021

    The Strong Firm prevails in writ of mandamus proceeding involving denial of temporary restraining order to stop foreclosure sale.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2021 Award
  • Clio Client-Centered Certification

Recent Blog Posts

Happy Independence Day – We Are Open For Business

Happy Independence Day! We Are Most Certainly Open For Business! Independence Day invokes feelings of individual freedom and independence being the basis on which our great country was founded.  Over the course of the last 15 months, few things have been entirely certain.  Markets, along with the availability of workers,
Read More
Happy Independence Day – We Are Open For Business

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!   The evolution of the internet and rapid increase in access to information has changed the way we buy and sell homes. While real estate agents still serve a vital role in the process on both sides of the transaction, many buyers
Read More
Residential Real Estate: Lawyers, Title Companies, and Agents, Oh My!

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL Texas law characterizes property acquired by spouses either community or separate property when property is acquired, and this characterization has tremendous consequences. w defines a spouse’s "separate property" as: (1) property owned or claimed by the spouse before marriage; (2) property acquired during
Read More
COMMUNITY AND SEPARATE PROPERTY IN TEXAS: OWNERSHIP AND CONTROL

Scams in Times of Disaster and Emergency

Scams in Times of Disaster and Emergency While Texans are generally prepared for major weather-related disasters during hurricane season from June through October, occasionally a rogue weather event, such as an artic blast, sweeps across the state causing severe and unanticipated property damage to residential and commercial properties. As individuals and
Read More
Scams in Times of Disaster and Emergency
  • 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.
Contact us

Quick Contact Form