Guide to Finding New York Litigation Lawyer

If you are involved with any litigation, this means you are facing the prospect of appearing in civil court. This does not mean you will necessary go to trial. There are many different areas of the law in which a New York litigation lawyer can be helpful. Before seeking private legal counsel, here are some things to consider.

What NY litigation lawyers do

In civil court, a plaintiff seeks money or some kind of injunction against a defendant. These lawsuits do not carry the threat of jail time. Hiring a New York litigation lawyer can be expensive and the legal process can go on for years. Some people who may consider filing a civil lawsuit are:

• Business owners in disputes with an employee or contractor

• Employees who have been illegally terminated, failed to receive the compensation they are owed, experienced sexual harassment or been discriminated against because of disability, race, gender or other considerations

• Landlords, renters, seller or tenants in a real estate dispute

• Personal injury victims who feel they are entitled to damages from a party responsible for their injury

• Victims of domestic abuse who are unable to get their local public prosecutor to act on their behalf

• People seeking a divorce from a partner who is not willing to agree to a separation or the terms of the end of the relationship

If you are the defendant, New York litigation lawyers can be helpful in presenting the case for your innocence or lack of liability. Unlike the criminal court system, you are not entitled to free, pro bono legal counsel. Unless you can find someone willing to represent you for free, you will have to pay for the services of any NY litigation lawyer you choose to hire. The law allows for you to represent yourself in a “pro se” capacity. However, most laymen will be unable to navigate the complexities of the law by themselves and will be better served by hiring a New York litigation lawyer.

The civil court process

Before filing a lawsuit or consulting an NY litigation lawyer, you need to make sure you are eligible to do so. People filing for personal injury damages have two to three years to do so depending on their complaint. Those entering into a dispute with an employee or landlord must have documentation to back up their complaint. All lawsuits are different. NY litigation lawyers are helpful in determining which court can handle your complaint and what kind of charges you should file.

If you decide you have the basis of a lawsuit, you will file a complaint with the applicable federal or state court. Notice will then be served to the defendant that they are being charged with an offense. This does not mean that the case will end up in court. New York litigation lawyers for either side may try to negotiate an out-of-court settlement at any time.

When to file a lawsuit

Litigation can be extensive and time-consuming. Sometimes you may feel confident that you can file a lawsuit without the help of a NY litigation lawyer. However, in many cases you will be better served by finding private legal representation. No New York litigation lawyer can help you present a valid case if you do not have appropriate documentation to back up your claims or took too long to file a claim.

Before deciding to take legal action, think about how much time and financial resources you can allocate. The court system is designed to discourage and prevent frivolous lawsuits. Before talking to any NY litigation lawyers, take the time to review your circumstances, research your options and get an understanding of what options you have. Unjust as it may seem, you may not be able to receive damages or compensation in every case.

Hiring a New York litigation lawyer

If you have decided that you have the basis of a solid lawsuit, you will want to start looking for affordable private counsel. The most reliable recommendations for someone specializing in your kind of case come from friends and family who have worked with NY litigation lawyers and can offer a referral. Some people may not be able to get a recommendation from someone they know. In this case, the New York State Bar Association can provide a referral to a New York litigation lawyer capable of handling your case.

Before you meet with an attorney, find out as much about them as possible. Look up their disciplinary records online and make sure they are qualified to practice law. Some New York litigation lawyers have websites or advertising that make grand claims for their expertise or track record in handling cases of your kind. Be wary of overheated language and trust your instincts.

Prepare for your meeting by assembling any documentation or evidence that will be helpful. Materials you should bring to your first meeting with any NY litigation lawyers include:

• Business or real estate agreements that have been violated

• In cases of personal injury, photos of visible harm

• Documentation of medical expenses, lost wages and other financial damages

• Names and contact information for any witnesses that can testify on your behalf

Without this information, an NY litigation lawyer will not be able to evaluate your case thoroughly and let you know what your options are. Do not suppress anything you feel may be detrimental to your case. Any New York litigation lawyer you talk to will need to know about anything that may come up during the legal process that may harm you.

You may need to speak with multiple attorneys before you find someone you feel comfortable working with. Any New York litigation lawyers you talk to should be open about their experience in your kind of case and provide you with a referral to a colleague if they cannot represent you adequately. During your first meeting, you will want to clearly present your expectations for the legal process. In return, an NY litigation lawyer may need to ask you many questions to figure out if your goals are achievable