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TOP 10

LITIGATION TIPS

  • DO hire an attorney who is not afraid of a courtroom.
    You are much more likely to obtain favorable results in your case if you have a lawyer who will press your case in a courtroom when needed. There are many lawyers who want nothing to do with a courtroom, judge or jury…especially in the federal system, and that can hurt your case. Hire someone who can pressure your opponent with effective courtroom advocacy in order to attempt to improve your results.
  • Do NOT post anything on the internet or social media apps that can be used against you in a court proceeding.
    (E.g. “Man, I was wasted last night and got pulled over for DWI leaving the bar…”) Always assume that the Government or State is looking at your online presence and postings, because this will only make it more difficult for you to win in a trial. This applies to just about any litigation scenario, and especially criminal and family litigation.
  • Do NOT argue with, yell, or curse at police when you or a loved one are interacting with them.
    If you or a loved one is yelling or cursing at police officers, then you will be compromised as witnesses in a trial. The judge and jury will see that behavior on the police body cams and it will negatively affect your credibility as a witness. Calm down, take a step back, and if you think an officer is wrong or unfair, at the appropriate time explain to them why you believe so. You will look much better as a witness if you behave in this manner.
  • Do NOT talk about your case on the phone at the jail.
    When you have been arrested you no longer have a privacy interest in any calls other than those with your lawyer/their staff. So, if you say something about your case, the Government can pull those calls and use them at trial against you. You do not want a prosecutor to be able to use your own voice admitting to the crime on a phone call.
  • DO document everything in litigation, especially family law.
    If you have a custody dispute and you testify at trial that the other parent is irresponsible, a judge and jury will expect both parents to say that. However, if you have a list of all the dates they were late to or missed events, child exchanges, doctor’s appts, etc. then you have actual proof, rather than simply allegations.
  • Do NOT respond to threatening or harassing messages with similar language.
    First off, that kind of behavior is potentially criminal and you could be arrested. Secondly, it will take away your righteousness in front of a judge and jury. E.g. in a divorce, “You are lazy, ugly worthless and the kids would be better off if you just die” should be met with silence, rather than any response. You will look much better to a judge and jury, if you just screenshot that message and show it at trial, than if you respond with “I hope that you die too, you stupid piece of garbage, I regret the day I married you.”
  • Do NOT miss therapy sessions when you are injured by someone else.
    If you get rear-ended and your neck and back are hurt, but you miss most of your therapy sessions, insurance companies and defense lawyers will use that during the trial to discredit your injuries. It will be near impossible to get you the financial recovery that you deserve.
  • Do NOT settle your personal injury case with the insurance company without an attorney to assist you.
    An insurance company will likely want to minimize their payout by cutting you a check much smaller than what you deserve. Once you accept their payment, it is extremely difficult to gain your rightful recovery. Hire an attorney right away, and you are much more likely to recover a fair amount of financial compensation for your injuries.
  • Do NOT lose sight of what you are trying to accomplish for yourself in your case.
    Identify the results you want and communicate those to your lawyer. Your lawyer will assist you to try to achieve those results. Don’t get caught up trying to punish the other side. (E.g. In a divorce proceeding) Instead of trying to get back at your spouse by asking for an item of great personal value to them, try to get the maximum amount of access to your children and financial support if warranted.
  • DO listen to your lawyer’s advice
    You spend a significant amount of your hard-earned money hiring an aggressive, experienced and capable attorney. Do NOT ignore the parts of their advice that you don’t like. (E.g. Fighting for a pet out of spite, even when you've secured what you need in a divorce.) And you may lose the hard-earned concessions you wanted by taking unreasonable and unnecessary positions. Listening to your lawyer is a good deal, because they should know what they are talking about. While the final call on case resolution rests with you, it's typically best informed by heeding your attorney's advice.

These tips are NOT and NOT meant to be legal advice and these tips do NOT confer an attorney client relationship to the reader. Law is extremely complicated and no two legal situations are exactly alike. These tips are for general awareness of potential litigation issues. Hire an attorney to get direct legal advice for your specific fact situation.

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