When Should You Sue?

Before you file a lawsuit, you need to decide a few things about your potential case.

Here are three fundamental questions you must ask yourself.

1. Do I have a good case?
2. Am I comfortable with the idea of a compromise settlement or going to mediation?
3. Assuming a lawsuit is my best or only option, can I collect if I win?

If you answer no to any of these questions it is probably not a good decision to sue.

Do I Have a Good Case?

To figure out whether you have a good case, it helps to know that lawyers break each type of lawsuit ("cause of action" in attorney-speak) into a short list of legally required elements. It follows that as long as you know what the elements are for your type of lawsuit, it's usually fairly easy to determine whether you have a good case. For example, a lawsuit against a contractor for doing substandard construction would be for breach of contract (because the contractor agreed either orally or in writing to do the job properly). The legal elements for this type of lawsuit are as follows:

Contract formation. You must show that you have a legally binding contract with the other party. If you have a written agreement, this element is especially easy to prove. Without a written contract, you will have to show that you had an enforceable oral (spoken) contract, or that an enforceable contract can be implied from the circumstances of your situation.

Performance. You must prove that you did what was required of you under the terms of the contract. Assuming you have made agreed-on payments and otherwise cooperated, you should have no problem with this element.

Breach. You must show that the party you plan to sue failed to meet his or her contractual obligations ("breach of contract" in legalese). This is usually the heart of the case -- you'll need to prove that the contractor failed to do agreed-on work or did work of unacceptably poor quality.

Damages. You must show that you suffered an economic loss as a result of the other party's breach of contract. Assuming the work must be redone or finished, this element should also be relatively straightforward to prove.

Is There an Alternative?

Even if you decide you have a good case, don't rush down to the courthouse to file a lawsuit. First, think about ways to settle your dispute out of court. You can talk directly with your opponent and try to negotiate a mutually beneficial compromise. Or you can hire a mediator -- a neutral third person who will help you and your opponent evaluate your goals and options in order to find a solution that works for everyone. Also, and especially if your contract provides for it, you may be able to submit your dispute to binding arbitration. This is a good faith action which could save public money by being settled out of court.

Can I Collect if I Win?

Your answer to the third question is incredibly important. There is no point in getting a court judgment against a deadbeat. While most reputable businesses and individuals will pay you what they owe, if they don't have it, they can't pay you. Even if your opponent tries to stiff you there is not much help that the court will offer you in claiming the money or property won in court.

Normally, if an individual is working or owns valuable property -- such as land or investments -- collection is not too difficult. You can instruct your local law enforcement agency (usually the sheriff, marshal or constable) to garnish that person's wages or attach his or her non-exempt property. For a successful business, especially one that receives cash directly from customers, you can authorize your local sheriff or marshal to collect your judgment right out of the cash register. And in many states, if you are suing a contractor or other business person with a state license, you can apply to have the license suspended until the judgment is paid.

Note: If you can't identify any collection source -- for example, if you're dealing with an unlicensed contractor of highly doubtful solvency -- think twice before suing. A judgment will be of no value to you if the business or individual is insolvent, goes bankrupt, or disappears.

www.ballandyorke.com

Why Everyone Needs Un-Insured Motorist Coverage

Un-insured motorist coverage is perhaps one of the more obscure lines of insurance applications but it is often the most needed insurance. In fact this it is the policy they don't want you to pick out because it is the one that they have to payout on most and is some of the cheaper insurance policies you can buy.

Yes, here in California we use insurance to minimize our liability to others while we drive. With everyone required to be insured before they can drive, that should cover everyone, making it so you don't have to worry about the liability of a car accident right? Wrong, when in a car accident you are going to be facing bills. With these bills coming up you may find that California minimum required policy is $15,000 and that is nowhere near enough. If the crash wasn't your fault your insurance will do everything they can to pass on the liability to the other company, rather than take care of their client and then ask for the bills to be paid later. Sadly, this is how it works. and the insurance companies certainly give you the runaround prolonging payouts as much as they can which is what you can expect from them. There is a way to get your insurance on your team when you have been hit by someone else, and it is actually pretty cheap.

There is only one way to have this done and that is with UIM. UIM ( uninsured or underinsured coverage) is useful for two reasons, first the obvious one: if you are hit by someone who does not have auto insurance you will still be insured. The other reason is if they do not have enough insurance coverage. If you you are in a car accident and injured it is more than likely that your medical expenses will well pass the minimum requirements for CA insurance liability which is $15,000. To ensure that this does not occur all insurance companies are mandated to offer UnInsured Motorist insurance at a reduced rate even. How UIM works is on top of the existing insurances. So if you are hit by a person who has the minimum insurance policy of $15,000 and you are injured. That $15,000 is going to be a plink in the bucket but you can be saved by the UIM. Say you got a policy for 100,000, that will then take effect on top of the insurance policy of the person who collided with you so now you have 115,000 worth of coverage and that is quite a bit more realistic for the cost medical care and bills while you are laid up recovering. The other amazing part of this is that now your insurance has a vested interest in making sure the other insurance company pays so that they don't have to. Suddenly the insurance is actually starting to work for you and sooner because of their liability for payout. What a great product UIM is right?!

The thing is, these insurance companies present this option as an extra when this should be a mandatory fixture, especially if you plan on driving more than one person often. Insurance companies play down the importance of UIM because it is where they loose most of their money. You will often see a pop up screen asking if you want the extra coverage and having decline highlighted, the insurance companies do this because you are trained to dislike and close pop ups especially when asking for money. Ignore the temptation to close the page and look it over, purchasing UIM could be one of the best decisions you have ever made.

How To Find A Great Lawyer

A step by step guide on finding the right lawyer for you.

When it Counts, Leave It To The Professional

If your legal problem is complex or involves lots of money, you might not want to handle the entire matter without a lawyer. After all, lawyers do more than provide legal information. They offer strategic advice and apply sophisticated strategies and technical skills to legal problems. You will want to find a lawyer who's willing to help you educate yourself to the maximum extent possible and to take over as your formal legal counsel only if necessary.

How to Find the Right Lawyer

Locating a good lawyer who can help with your particular problem may not be easy, I would not suggest trusting someone just because they are on the back of a phonebook or on some pop up add. There's not enough information in these sources to help you make a valid judgment.

Personal Referrals

A better approach is to talk to people in your community who have experienced the same problem you face. Ask who their lawyers were and what they think of them. Talking to many people who had a similar legal issue is always a great first step, chances are you'll come away with several good leads. Just ask around and see who people you trust used. Many firms can deal with an array of legal issues, its about dealing with the right people, people you can trust and work with easily. But, don't make a decision about a lawyer solely on the basis of someone else's recommendation. Different people will have different responses to a lawyer's style and personality; don't make up your mind about hiring a lawyer until you've met the lawyer, discussed your case, and decided that you feel comfortable working with him or her.

Also, it may be hard to find lawyer through a personal referral with the expertise you need (for instance, if your friend had a great divorce lawyer, but you need incorporation advice, the referral may not do you much good).

Lawyer Referral Services

Lawyer referral services are required to be approved by the state bar association. Some lawyer referral services carefully screen attorneys and list only those attorneys with particular qualifications and a certain amount of past experience, while other services will list any attorney in good standing with the state bar who maintains liability insurance. Before you choose a lawyer referral service, ask what its qualifications are for including an attorney and how carefully lawyers are screened.

Consider a Specialist

Most lawyers specialize in certain areas, and even a so-called "general practitioner" may not know that much about the particular area of your concern. It can pay to work with a lawyer who already knows the field, such as employment discrimination, personal injury, real estate issues.

Interview the Prospective Lawyers

When you get the names of several good prospects, the next step is to talk to each personally. If you outline your needs in advance, many lawyers will be willing to meet to you for a half-hour or so at no charge so that you can size them up and make an informed decision.

Personality

Pay particular attention to the personal chemistry between you and your lawyer. No matter how experienced and well-recommended a lawyer is, if you feel uncomfortable with that person during your first meeting or two, you may never achieve an ideal lawyer-client relationship. Trust your instincts and seek a lawyer whose personality is compatible with your own. Look also for experience, personal rapport, and accessibility.

Communication and Promptness

Ask all prospective lawyers how you will be able to contact them and how long it will take them to return your communications. And don't assume that because the lawyer seems friendly and easy to talk to that it's okay to overlook this step.

Unfortunately, the complaint logs of all lawyer regulatory groups indicate that many lawyers are terrible communicators. If every time you have a problem there's a delay of several days before you can talk to your lawyer on the phone or get an appointment, you'll lose precious time, not to mention sleep.

Almost nothing is more aggravating to a client than to leave a legal project in a lawyer's hands and then have weeks or even months go by without anything happening. You want a lawyer who will work hard on your behalf and follow through promptly on all assignments.

Willingness to Work With You

When you have a legal problem, you need legal information. Lawyers, of course, are prime sources of this information, but if you bought all the needed information at their rates -- $150 to $250 an hour -- you'd quickly empty your bank account. Fortunately, many lawyers will work with you to help you acquire a good working knowledge of the legal principles and procedures you need to deal with your problem at least partly on your own. If you find someone who is not willing to do this they may be too busy or are unwilling to share their game plan which for many people, creates a large feeling of helplessness and anxiety about their case.

Ball & Yorke is an excellent firm that has worked for me. I will continue to use them for future legal matters.

www.ballandyorke.com

About Us

The Legal Arch is a continuation of the legal blog Gold Coast Law. We feel we will be better able to be found better by using this much more unique address.

We are interested in providing the resources and information you need to make your personal legal decisions. We hope to help with a variety of issues with focus on employment, wrongful termination, insurance, personal injury, and real estate issues.

Ball and Yorke, a Ventura based civil law firm, supports this blog and offers any help and information needed when creating the resources in this blog. They are also happy to be at your disposal should you feel that you need an attorney.

You can find their site at www.ballandyorke.com.

The Legal Arch

The Legal Arch is a blog about the civil legal processes in and around Ventura County of Southern California. We are committed to being the arch of support that you need to make informed decisions about legal issues that you may face. We hope to be a bridge allowing you to find some understanding of the legal information that could be of use to you in your daily life, as well as when facing crisis, when it is most needed. Our blog is not legal advice, you need to talk to a lawyer to get that, this site simply collects legal information that we feel will be relevant to you and others in our area.