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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.
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.
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.
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.
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.
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 staements and trial. It is not a waste of your time if it helps you to win the claim.
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.
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.
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 cases by case basis and your Solicitor will be able to advise you.
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.
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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