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Attorney Robert Zarco, Founder of the law firm Zarco, Einhorn, Salkowski, & Brito, P.A., has been at the forefront of protecting the legal rights and interests of business clients in the USA and overseas for over 35 years, handling complex Franchise, Commercial, and Business legal matters and trials in Federal and State Courts, as well as Arbitration and Mediation.
Here, Zarco explains everything you need to consider before hiring a litigation lawyer.
Eliminate any Alternatives to Litigation
When disputes between parties arise, the need for hiring a Civil Lawyer (for cases between individuals) or a Commercial Lawyer (for cases involving a business, including a franchise) may present itself. A lawsuit may be involved in disputes which were not able to resolve themselves between parties in a disagreement. This includes cases where other legal means of a simpler, cheaper and faster nature, such as Mediation or Arbitration, were not successful.
When all other means of resolving the dispute have been exhausted, Litigation may be necessary. When entering into a lawsuit, it is advised to hire an experienced Trial Lawyer (Trial Attorney) so that he or she takes you through the standard legal process. This process could potentially involve courtroom trial before a Judge, and possibly a Jury, the matter reaches a mutually agreeable Settlement prior to the verdict with a binding decision by the court to resolve he disagreement.
Do your Research on Litigation Attorneys
It is crucial to hire an attorney that has experience and a successful track record with your type of case. Often times, your case may only be as good as your Attorney. Whether it be a good referral or a trusted online organization, there are many ways to do your research. A great resource can be the State Bar Association of your State. It can inform you whether an Attorney’s license has violations or a clean record.
Highly trustworthy professional organizations include FindLaw, Best Lawyers of America, Super Lawyers, Litigation Council of America, and Chambers USA. Once you have located a few candidates, visit their websites and read through their practice areas to determine whether it’s worth requesting a call or e-mail for legal consultation, which is often free of charge.
Interview your Candidates
It is imperative that you feel comfortable with your attorney and confident in their capabilities and competency. Litigation is a very broad area, so it is recommended to find a Lawyer who has a proven and successful track record which corresponds with your case. Here are a few suggested questions to ask during the interview process:
- Are you licensed in the appropriate district or court?
- Does your case-load allow sufficient resources for my case? Who will be handling it?
- What strengths and weaknesses do you anticipate? What strategies will you consider?
- Do you know the judge and the other party’s Attorney?
- What is the process of litigation?
- Can we go over the financial cost in detail?
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