Want to Save Money on Legal Fees? Negotiate Early.

This is a very common scenario in family law cases: The parties enter litigation when someone files a lawsuit. The lawsuit begins an endless stream of legal pleadings, court appearances, document preparation, depositions and all of the other parts of litigation that drive up legal bills. The parties are too mad or stubborn to really try to work out a resolution for fear of appearing weak in the eyes of the other side. So, everybody builds up their arsenals in preparation for mutually assured destruction in the courtroom.

On the day of hearing or trial, the judge asks the attorneys where the parties stand on a settlement. The judge then recommends that the parties either try to work something out in the hall or in chambers with the judge.

Then the lawyers seriously discuss the hard issues in the case and try to work out an agreement. You would be amazed at how many settlements are reached on the day of a hearing or a trial.

Sometimes this is unavoidable. But, most often it can and should be avoided. If the parties had instructed their attorneys to really explore a resolution at the beginning of the case, then much of the huge legal expense of preparing for the courtroom would have been avoided.

Is it always possible resolve a case without going to court? No. Some cases and issues are so tough and so complex that a judge needs to make a decision for the parties. However, in the majority of cases, clients can save thousands, if not tens of thousands of dollars by instructing their attorney to really work at exploring settlement options at the beginning of the case, rather than on the day of trial.

After all, if you are going to settle the case on the day of your court appearance after months (or years) of litigation and tens of thousands of dollars of legal fees, why not cut to the chase and seriously explore settlement up front?

If you are interested in legal representation, please contact me by email or at (919) 781-1311. You can also find me at www.nichollscrampton.com (this site currently being updated).

Please note that nothing on this blog should be considered legal advice and that viewing the information on this blog does not create an attorney-client relationship between us. You are advised to consult with an attorney to confirm the current state of any legal information contained in this blog, as the law constantly changes.

What's It Like to Go to Court? See For Yourself.

One of the biggest decisions that any family law client will have to make is whether they want to accept the negotiated resolution that is available or take their chances in court.

No one can make that decision for you. Your attorney should provide you with all of the information possible to help you make your decision. This includes talking about the strengths and weaknesses of your case, the judge's inclinations, and other factors that may influence the outcome.

However, no attorney can or should guarantee a particular outcome. So, there is always an element of risk in allowing your case to be resolved by a judge. One of the factors that has to be considered in your decision is whether you are willing to endure the process of a courtroom trial. A hearing or trial can be emotionally grueling. Further, the intimate details of your life will be on display for anybody that happens to wander into the courtroom. Many clients are surprised to find out that anybody can sit in the courtroom to listen to their case.

In order to get a true idea of what a domestic trial is like, I advise clients to take a day off and go to the family court in their county (In Wake County, family courts are located on the 9th floor of the courthouse). If you go, you should watch a hearing or a trial. That, in turn, will give you the best idea of what it will be like to go through a trial in your case. And, more importantly, it will give you a very good idea of whether you want to push your case to court, or resolve it through negotiation.

If you are interested in legal representation, please contact me by email or at (919) 781-1311. You can also find me at www.nichollscrampton.com (this site currently being updated).

Please note that nothing on this blog should be considered legal advice and that viewing the information on this blog does not create an attorney-client relationship between us. You are advised to consult with an attorney to confirm the current state of any legal information contained in this blog, as the law constantly changes.