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Law Library -The Necessity of Preparation

Preparation for A Law Suit

The Concepts of Justice and Fairness

Fairness and justice do not play any role in the litigation process. 
A scoundrel may win the pot of gold at the end of  the litigation 
 process and an decent man may leave the court  vanquished and 
empty handed. This is a harsh real life - aspect  of the judicial  process. 
The harshness of this reality can only be minimized through speedy, constant 
vigilant investigation and preparation throughout the litigation process. 
The historical facts giving rise to the dispute cannot be changed . 
Consequently the controversy generally centers around the issue of what 
are the "real facts" . Are the "true" facts your version or your opponents 
version? Through preparation you will go a long way in establishing your 
version as the "true facts." Where the facts are not in dispute the controversy 
then centers around the rule of law applicable to the "stipulated fact" and the 
appropriate remedy - such as the amount of damages, specific performance 
or some type of injunctive relief. Even in this situation preparation is necessary.

Avoid The Loss of Your Legal Right -Ascertain The  Statute  
OF LIMITATIONS As To Your Case Immediately.
  
Failure to ascertain the statute of limitations as to your case - the
specific right you assert can result in suden death and termination 
of your rights withotout your day in court. Is the contract written or oral- 
-is i a persoan injury -They all have diferent sttute of limitatios.
The statute limitation is the time  period within which a case must be 
formally commenced - i. e, a properly 
drafted complaint  filed- in the appropriate court, or it will be time barred
as a  matter of law you will lose your right to pursue you claim. 
If a law suit is not filed within the prescribed statute of 
limitation the right to proceed will be forever lost.  It is sudden
death . If the statute of limitation is about to expire you should
immediately without further delay consult lawyer or file a properly 
drafted  law suit in accordance with the rules of court and the 
pleading requirements necessary to sate a cause of action.
The complaint must also be filed in the appropriate court as to jurisdiction 
and venue. 

Special Requirements for suits against Medical And Other Professionals

California requires a certificate before a claim can be brought against a doctor. 
There are similar requirements as to architects, engineers. The civil code and the 
California code of civil procedure should be consulted as to the specific requirements 
necessary for compliance. This should be scrutinized carefully as failure or delay in 
compliance may result in the loss of the right to bring a law suit.

In some states there are official judicial council forms for particular action. For example in California the judicial council provides forms for automobile actions and other damage claims. If Your state does not provide  judicial council forms then refinance can be made to the practice form book. 

• Ascertain the statute of limitations in your case 
                    immediately.
  
  The statue of limitations is provided for by each state
  and by the code as to these cases which are based on a 
  federal right. You must ascertain the type of case you 
  have and find out exactly what the statute of limitation 
  is for that particular cause of action. If you don't know
  or you don't know how to find out you should consult 
  an attorney immediately otherwise you will be operating 
  in the blind. There is no room for guess work as to the 
  appropriate statute of limitations - you must know exactly which statute of limitations applies to the fats of your case.     

        Special Statue of Limitation: Governmental Entity

• If the government is evolved or a potential defendant there is even a shorter statue of limitation . As a  perquisite to bring a law suit it is necessary to file a claim against the government agency involved or with the governing body of the agency. In some case you can obtain the appropriate from the governmental entity evolved. If the governmental entity does not have pre-printed forms you must prepare the from yourself providing all the information that is required by the particular statute in your state.
  
  Commencing The Action - The Need To comply With Jurisdiction 
      and venue Requirements

The lawsuit must be commenced in he proper court both as to 
jurisdiction and venue.

•  Jurisdiction: Jurisdiction is the Power of the court to act of the 
  defendant and power over any real property in question. This is called jurisdiction over the person and jurisdiction in Rem
  
• Jurisdiction Over The Person: In order for the court to have power over the person the action must be commenced in the court that has jurisdiction over the person

                Jurisdiction In Rem

• Venue: 
  
  Venue is the local area where a case may be tried. A court system may have jurisdiction (power) to
  take a case in a wide geographic area, but the proper venue for the case may be one place
  within that area for the convenience of the parties, etc. Jurisdiction is the subject of fixed rules,
  but venue is often left up to the discretion (good judgment) of the judge.

The preparation Process

Preparing for a law suit requires extensive investigation,  preparation, organization, strategizing, and planning. All this should be done thoroughly and as soon as possible after the event, occurrence or situation giving rise to the lawsuit occurs. Delays may be prejudicial and costly. Crucial and essential evidence may be lost or disappear. The slightest event such as a change in the weather, such as rain,  may alter the scene of an accident as to influence the outcome. Rain could easily obliterate the police marking as to the position of the cars in an accident case. Physical objects may be painted over or physically altered - such that you may be required to explain how the original condition really was before the alteration. Defective stairs or other condition may be repaired or altered. But any time you have to explain something -it loses its impact and it  is a weakness in your case. Litigation is not he place for the old "hem and haw"

• Problem of the double edged Sword In preparation:  Whatever evidence , information or any other thing that you obtain become aware of or memorialize or reduce to writing will be obtainable and discoverable by your opponent.

Litigation - The Precarious Process

Litigation is a time consuming process-fraught with traps, pit falls, potential missteps, 
misrepresentations, subterfuge, obfuscation, hiding the ball tactic and deadlines, where action or inaction may be fatal to you case. Extensive, prompt and thorough investigation and preparation is one of the ways of minimizing mistakes and pitfalls. You must think - am I ready to go to trial right now - i., e, are you present you case in an organized and structured way,  to an objective and impar6ial court or jury. Do I have everything I need now at my finger tips. Whatever you do no have you should get immediately. Throughout the litigation process you must think - am I ready fro trial right now. Act as if - you are going to trial today. 

Memorializing the Facts In Detailed Chronological Order

Getting the story down:  Memory fades and thing are forgotten thus soon as possible
that the pertinent fats that support your story and you version of what took place are reduced to writing in an organized chorological order -proceeding names, dates , places and persons present. If reduced to writing soon after the event or occurrence - the written memorandum -the chronology may even be admissible as evidence.

• One or Two Page Summary: After you have completed the minutely detailed chronology with 

Investigation

Assembling and Marshalling The evidence. Even if there is the slightest or remote possibility that you might need anything get it and get it now.

Dates Times and Locations: 

• Witnesses: Obtain a statement as soon as possible - of those statements that are favorable to the issues and support your contention i. e,. support your story or version of the facts
                 

• Names of witnesses; Both ascertained and potential: You will need as much information as you can ascertain fro any potential witnesses  so that you may track him or her down in the event they disappear or become elusive.
        
  Locating Information
  
      1.     Addresses
      2.    Current Address
      3.     Phone Numbers
      4.    Place of Employment
      5.    Alternate contact-Relative or friend
      6.     Drivers License Number
              Social security Member
              Organization Membership
      7. Internet
  
  Tangible evidence
  
      1.    Receipts
      2.    Photographs: extensive photography of objects, vehicles, shrubbery,     
              immediate environment,
      3.    Medical Records. Medical Reports
      4.    Documents
      5.     Receipts, Auto repair damage receipts, repair estimates
      6.     Invoices
      7.     Sale Receipts
      8.     Warranties
      9.     Correspondence, E-mail and Letters, computer print outs
      10.     Contracts and all related memorandum and notes
      16. Memorandum, notes, faxes and Emails
      17, Models
      18. Drawings, Plans and Blue Prints
      19     Credit Application, Employment applications
       20.     Rental Leases and agreements
      21.     Partnership agreements, Corporate by laws, minutes, articles 
                of  incorporation

            Physical Objects and things: All physical 0bjecyts and thing that were directly or indirectly involved in the event or incident giving rise to the action are potentially evidence anbd should be preserved Involved in the accident. In some accident for example it may necessary to preserve the entire car until the case is over. This may be expensive but there is no substrate for preserving the actual evidence 9in its pristine from - exactly as it was --after the accident

            Experts: 

    The above is only a partial list -whatever pertains to your  PARTICULAR CASE MUST BE PRESERVED AND READIED FRO INTRODUCTION AS EVIDENCE AT THE TIME OF TRIAL

Physical Organization of the Information
This is an important step . If done properly it will reduce
 attorney fees and help toward successful resolution
 of you case

• The Three Ring Binder: Don not get into the file folder mind set. That is passé in today's environment of complex litigation and the need to constantly assemble and review evidence. Today's answer is the traditional three ring binder. 

Contacting  and Retaining a Lawyer:

Theoretically every lawyer should the law and how to proceed in any 
case for which he or she undertakes to represent a client. All things being 
equal then it theoretically it should make no difference which lawyer you select. 
In the real world of litigation this is not the case. On of the major differences is 
influence with the court or judge and resources that may be applied to the case. 

Approach Criminal and Civil cases

    A. Locating a lawyer: Layers may be ascertained from the 

    Telephone directory yellow pages, The advertise by specialty.
    Television ads.
     Friends or relatives
    Doctor

Consideration In Selecting A Lawyer

•  Large firm: The a large firm will have influence- but they are very expensive. The size of your case i.e. the monetary value may not warrant the expenditure. Moreover under the r right circumstances a small firm or even a sole practitioner may prevail over the large prestigious firm. Large office billing consists of computerized print outs -detailing every minute of time spent on your case fromn telephine call to, conferances to copying costs- with "floating balances"
  
• Small office: The adavantage of a samll office is cost. Reperesentation by a sole practitiner provides soem continuity in that the the same person works on your case -and you always consult with the same person.

             Solo Practioner: As the casae with the samll office an adavantage of a solo
             pracitioner  office is cost.

            Location of office: The location of the lawyers office may be a factor. For exapmle if the law office is located near the court -then the lawyer may have influnce or know the judges, prosecutors and cour tpersonnal just by virtue of being near the court. this may probve helpful in gettin a fair deal in a criminal action or some lee way in the courts ruling and tretment ofo the case.

            Fee

                        Hourly

                        Contingent

Preparation Necessary for meaningful consultation

Be prepared and organized. Prepare a chorology of events for quick review.

Qurestions You Should Ask Your Proepective Lawyer,

    1. His expertese in you r particular kind of case.
    2. The number of similar cases he has handled
    3. If Trial envoleved does he do trial work
    4. Dies he have back up in the vent ofilness

Setting The litigation time table

Litigation is not an ammorphous process. On the contrary it is a very structured proiceeding wiht specific procedures and strategies that may be utliized to arrive at a successful respolution of your case.

Staying Involved In the Litigation process

This does not mean pesrterin the lawyer or general queation klike hoaw are things gion. 

Preparinga Litigation time table   

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Make a chronological schedule of the events and the dates and times the events occurred.
 Selection A lawyer - A future topic

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