If you receive notification that you are being sued, it is likely that your fist response will be to panic. Reading the many pages of the convoluted document for the first time one is probably not even understanding what is written. The overwhelming fear it causes leaves one in a fog of denial, nearly everyone in that situation believes they have done no wrong and cannot believe this is happening to them. Unless one is rich or destitute is is very unlikely that an attorney who can provide litigation support is among our circle of friends that we can turn to for advice.
The state of legal assistance in the United States is such that the majority of Americans simply do not have access. This is even more ironic when one considers we have the most litigious society on earth. We are afraid of every contract we see because we know there is the possibility that we are signing something that will place us at a disadvantage if even unreasonable situations arise. Still we are likely to go ahead and sign even such complex documents as the mountains of paperwork we face when purchasing a home. We just don not have a lawyer available to help us.
Even though we know we should not enter into agreements that we do not fully understand, and we also know the documents we are asked to sign even for common purchases like automobiles and household appliances, adding the cost of a legal review seems imprudent. Why would we send all the time trying to get the best deal on something, then voluntarily pay several hundred dollars to have a lawyer review the contract? The simple answer is we do not do it, and most of the time we do fine. It highlights the problem we experience in finding reliable legal help when we need it.
The search for an attorney is anything but scientific. We first ask our friends of they have ever had to get a lawyer to help them or if they know of any lawyer that they trust. At this point we are not even trying to make sure we get a lawyer who specializes in our needs, we just know we need help. That we might be falling into a trap by the law firm with the greatest public relations representation does not occur to us, our need overcomes our concerns.
Trying a professional association will also lead to frustration as the best they can do is provide a generic list of firms in our area while carefully explaining they take no responsibility for the adequacy or competence of the lawyers. It is this overriding complexity in finding legal help at a reasonable cost that makes most Americans put off the process as long as possible.
Procrastination is precisely what the individual suing you is hoping you will adopt as your response to the lawsuit. If you wait until it is too late for even competent legal help to have the time to prepare for your case, your opponent stands a great chance of winning even if you did no wrong. In addition, last minute legal help is usually selected with the least amount of rational consideration, a case of any help being better than none.
Law firms are the first to point out that method is likely to backfire in the long run. Most lawyers will explain that the first thing they have to do when taking on a first time client with a lawsuit pending is unravel the well meaning but ultimately incorrect actions the individual took trying to remedy the situation by themselves. While we all feel intelligent enough to issues, especially those in which we know we are in the right, without careful attention to the particular nuances of our local codes and laws we can dig ourselves into a deep hole without knowing it.
This typically falls into two categories, either the individual has gone into denial and simply waited too long before reacting, then fires off a poorly conceived letter trying to get out of the issue. In these attempts, the individual often makes statements or counter allegations that only serve to complicate and deepen their legal problems. If the lawsuit is brought without merit, an inaccurate letter from the defendant can easily create culpability where none truly existed in the beginning.
Even taking a chance with a randomly selected lawyer from the yellow pages is better than going it alone. By using common sense and asking direct questions one can find a lawyer to at least listen to the situation before charging anything. After trying a few lawyers, base your decision on the actual court reporting which court reporter gave you the most reasonable (not necessarily cheapest) response. There are also prepaid legal plans available to avoid this very mistake, but no matter how one does it, it is critical to get competent litigation support before one enters the courtroom.
Looking for litigation support services to help you defend yourself? Then waste no time in contacting your local litigation support experts and solving your problems!
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