Litigation
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Litigation is the "heart and soul" of the American lawyer. It is the subject of numerous Hollywood films. But my advice as a practicing lawyer of almost a decade to any person coming to the United States an South Florida in particular: Stay away from it. In litigation, there are no guarantees and both parties usually loose. The only parties who thrive in litigation are the lawyers because of the legal fees they generate. Below, are some of our suggestions we have for you in the field of litigation.
We do not any claims regarding the accuracy of information found in these websites and we strongly recommend that you seek the assistance of a lawyer for you litigation needs as opinion vary from one attorney to another.
1. Prevent Litigation (seek a lawyer's advice for all legal matters).
Most Florida immigrants do not realize how vulnerable they are to litigation if they do not seek the assistance of an attorney when they land in Florida. Most immigrants prefer to save the costs of a lawyer's advice who attended seven years of university for those of a realtor or a mortgage broker who solely attend a one week course. The reality though is that money spent for legal advice is money well spent because a well trained lawyer will save you from litigation in many cases. But it is not enough that you hire an attorney, you must also listen to his advice rather than that of the realtor, friend or other since he is, after all, the legal professional.
2. Avoid Litigation (Always seek to resolve your dispute out of court).
Once you are trapped in the litigation cycle, your best bet of survival is to get out as quickly as you can. Try by all means to settle whatever dispute you have as quickly as possible. Hire an attorney who has good negotiation and resolution skills. Stay away from the attorneys who promise the world because they will never deliver. There are no guarantees in litigation. Once piece of evidence which gets thrown out, a bad witness, a judge who is not convinced with the law, any minor event can be cause for a lost case in litigation. All that these attorneys will guarantee is that the fees they will generate are going to be outrageous.
3. You will be responsible for your fees in most cases.
Under Florida law, unless there is a specific agreement in a contract or a law stating otherwise, each party is responsible for their own attorney's fees and costs. Thus, if you are awarded $100,000.00 and it cost you $60,000.00 to achieve this result, you could have settle the case for $40,000.00 and avoided the headache of litigation.
4. Make sure you can collect.
Assuming you were defrauded hundreds of thousands of dollars by a professional thief. There is a good chance that if you sue that person he will have nothing in his name (he is a thief after all). What good is it to sue such a person and spend an enormous amount of money in legal fees to secure a judgment which you cannot collect. Make sure that the party you are suing has deep enough pockets to satisfy the judgment prior to hiring a lawyer to start the litigation process.
