How to Handle Litigation - Alternative to Litigation
When attorneys are called in to litigate a case they must do so. However, some attorneys may be less likely to accept cases where the client has chosen a non-litigation option. Can attorneys defend litigators who are uncomfortable with cases in which they don't want to take on? What alternatives to litigation can clients seek?
Lawyers and paralegals can find out about client choices for non-litigation options. If you consult with an attorney, they can help you find out what your options are. In addition, attorneys frequently work on contingency fee agreements with clients who choose a non-litigation option.
Some lawyers are reluctant to handle a case that doesn't fit their specialization, especially when there are non-litigation cases available. This is unfortunate because some people may need their attorney and others may not. A litigator is under pressure to make as much money as possible. For example, if a litigant needs a lawyer but has chosen not to take a case, the litigant will not be paid a fee, so the litigant would lose their attorney.
Clients should therefore be aware of what they can expect when the case is not litigated. Litigation can be costly, and a litigant may not wish to go through the litigation process. There are other alternative to litigation that clients should consider.
Many non-litigation cases involve settlements or court-ordered settlements. Non-litigation cases often end with a negotiated settlement. Settlement negotiation normally involves a fee for the attorney, and the client is able to reach a mutually beneficial settlement.
As with limitations, a litigant should evaluate the options that are available to them prior to selecting a non-litigation case. While there are cases in which a litigant will have no choice but to accept a non-litigation case, there are cases in which a litigant might not have a choice. If a litigant selects a non-litigation case they will not be paid a fee, and they could be left holding the bag if the case does not settle.
Litigation does not always mean taking on a very complicated case. There are also options such as mediation, discovery, and resolution that can be used to help clients achieve the results they desire. The client can ask the litigant to take the case on a contingency basis, where the litigant pays a portion of the fee (usually 40%) and the client is left to get the other 60%.
Mediation offers the client the chance to get the situation resolved without taking on the risk of litigating. Litigation often means being forced to take on a litigant who does not care about the client or the case. A settlement negotiation usually occurs quickly, so a client who agrees to mediation can enjoy a quick resolution. This option is best for those clients who cannot afford a lengthy litigation process.
Discovery is typically the best option for most clients. The litigant will typically contact the client with a list of issues to be resolved. The client is provided with an opportunity to respond to these issues before the litigant takes action.
Arbitration is a common alternative to litigation. Although arbitrations can be long and expensive, arbitrators tend to be fair. If a litigant cannot afford a long, expensive litigation process they can choose arbitration. Additionally, most arbitrations are confidential, meaning that they won't become part of the public record.
Options are not limited to litigation. Some clients choose to settle their cases without litigation. In these cases, the client can negotiate a settlement with the litigant without taking a case to court. Settlements tend to be faster than litigation, which is good for many clients.
Clients should discuss their options with their lawyers and consider what is best for them. Any case can be handled in one of the non-litigation options.
Dominic Levent Solicitors1345 High Rd
London
N20 9HR
020 8347 6640
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