Things you may think when involved in a claim

"This is a waste of time."

It may well seem like a waste of time, but you have to take ANY claim seriously. Even if you
are being sued for something that you are completely innocent of, you have to address all the
issues raised in the claim as if you weren't.

"I don't have a solicitor."

Most people don't. If you get involved in a claim, shop around for a Solicitor you feel
comfortable with. You and your Solicitor are going to spend a lot of time together during the
course of the claim, so you need to find someone you can work with. Ensure that you have
a written retainer agreement with your Solicitor, detailing what you will be charged and for
what, and what your Solicitor will do for you.

"I'll get in trouble if that comes out."

That might be true, but it is also probably true that if you are involved in a claim, it WILL
come out. Be honest and forthcoming with your Solicitor. Even if it is embarrassing, or may
not show you in the best light, it is better if your Solicitor knows. Give your Solicitor
everything in your relevant files, even if it is embarrassing or incriminating. If you have
the document, the chances are that someone else does too.

"I can't afford this."

A full-blown claim can be expensive. It is essential to look at all legal actions as a balancing
act between the expenses of going forward and the costs to you if you don't. This calculation
also comes into play when deciding at what point you might wish to settle and on what terms. Consider, if you are sued, whether you might be covered under an existing insurance policy.
Many policies require that you report incidents to the insurer, so it is important to look at
policies as soon as you can.

"Why are we fighting about something so silly?"

You should realise that most claims settle, and that the Court system is designed to put
pressure on you to settle the claim. Therefore, you need to reassess regularly whether the
claim makes economic sense. If you are spending a large portion of the amount at issue
in the claim on legal fees, the claim is not a good business move. Remember that your
time is worth money.

"My Solicitor doesn't understand I don't have time for this".

Yes, he or she does. Adequate preparation for a claim, though, takes time. Make yourself
available to your Solicitor for discussions regarding the case, including working on discovery
and preparation for witness statements and trial. It is not a waste of your time if it helps you
to win the claim.

"Court is scary, and too formal."

Yes, it is. Follow your Solicitor's advice about Courtroom decorum and behaviour, and don't
be afraid to ask him or her if something is appropriate. This is one of the things that you are
paying your lawyer for.

"This is insulting."

Don't take this claim personally. If you are being sued, it is usually for economic reasons,
it is not a judgement on your character. If you are forced to sue someone, it is probably for
economic reasons or because communications have broken down.

"Well, at least my opponent will have to pay all of my fees."

Probably not. In the small claims court costs are rarely awarded. For claims exceeding the
small claims limit, costs are calculated on a step by step basis; and are at the Judge's discretion. Judges rarely award all the costs. Never make the decision to bring a claim based on the
possibility that you might be awarded your Solicitor's fees. Even if you are successful, it may
not happen (perhaps a relevant statute does not permit reimbursement of costs, or the
conduct of the parties is judged to be poor). At most you may recover 50% to 70% of the
fees you incur. Don't pursue a claim for revenge, either, as claims are expensive, which means
that revenge is expensive. All decisions are made on a case by case basis and your Solicitor
will be able to advise you.

"I could never pay the amount claimed."

If this is true, it's irrelevant. Don't be intimidated by the amount that your opponent is
requesting as damages. Often, this figure is dictated by a civil procedure rule or statute,
and bears no relation to the opponent's actual damages. Also, remember that few claimants
ask for the reasonable damages that they feel they are owed; in a claim, they are asking
for their best-case scenario. By the same token, don't become tied to the amount you have
asked for in damages. It's your best-case scenario, too, and the odds are, if you go to trial
or settle the claim, you will receive less than you have asked for.

"Will this ever end?"

Don't forget that claims can take a lot of time. In some cases, it can take several years for
a civil claim to go to trial. Even at the quickest, it is typical for a civil suit to take a year from
start to finish.

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