Best Practice Advisory: You're Being Sued. Now What? 8 Steps to Finding The Legal Support You Need
Disclaimer: This information is not legal advice. It is only a source of information among the many resources available to you. I do not endorse any particular attorney/legal service, nor guarantee any result. I am not liable for any damage of any kind.
Matthew 6:25-34
How did it come to THIS?! How dare they?! I can’t afford a lawsuit!!!
Being sued is an overwhelming experience. If it makes you feel better just know that over 40 million lawsuits are filed in the United States every year. America is the land of lawsuits. You will get through this and the guidance of a great attorney is invaluable. Even if you feel that you can tell your truth or settle the matter on your own, attorneys can help you navigate the Court system, hearing dates, deadlines, and Opposing Counsel. You want to know that you have an advocate in the hallowed halls of the Courthouse.
If you’re reading this blog, chances are that you do not know any attorneys personally. That’s okay. Here are some practical steps you can take to navigate the process and find the right attorney for you:
1. Do Not Send Angry Texts, Calls, or Emails to the Person who sued you! That’s it. That’s the step.
2. Keep Up with the Paperwork! You may feel emotional but do not burn, rip, or lose the essential documents for your case. It’s time to create BOTH a physical paper file and an e-file for the case. Scan all the documents you receive. Make a folder on your personal computer, secure Cloud account, or on a Flash Drive. Be sure that Opposing Party does not have access to the e-file or physical file. Make copies for safe keeping. This step is critical because staying organized is essential. Click here for some items that I’ve used for clients. here for some items that I’ve used for clients.
3. Call the Courthouse! A lot of people skip this step. They bury their head in the sand until they get enough money for an attorney consult. Big mistake. Things could be happening that hurt your chances at justice. Judges will not stop the proceedings and your case indefinitely just because you have not found an attorney. Call the Courthouse with your case number handy. Ask them when the next expected Court date will take place. Ask them what the significance of the hearing will be. Ask for the name of the Judge (this information will be helpful at your first consult). See what you need to do to get a copy of the case file. Finally, ask if there are free legal services available within the Court. For example, some Courts have “Self-Help” clinics that guide parties through what they need to file, what law they should look into, and what facts to present in Court in case they cannot find an attorney.
4. Stay in the Know! Many states and counties utilize e-databases. You can search cases by the parties’ name or the case number. (I spend a lot of time researching people as an attorney and also before I go on dates). The information you care about are changes in the Presiding Judge, hearing dates, new filings into the case, and deadlines. I’ve had clients who check the database on a weekly basis on their own. It is a good way to understand where your case stands.
5. Find Your Match! If you do not know any attorneys personally, a really great next step is to reach out to your local non-profits. Research your local legal aid office, non-profits, or the Court services. Most free legal support services are based on two requirements: 1) low-income/need basis AND 2) meritorious cases (cases that are strongly supported by the law). Depending on the Pro Bono organization’s backlog, it may be difficult to get an initial intake. Be sure to research the organization’s website preferred method of communication so that they can receive your request for an intake and get to you as quickly as possible. If you do not qualify for their services, they can usually give you either self-help services OR provide a list of low cost attorneys who have good reputations in the area. [Literally google “legal aid in [INSERT CITY]” to set up your consult].
6. Get Some Recommendations! There are so many commercial companies that want your money for a recommendation. While those lists might be helpful, let’s save your money for the actual attorney. Look at the American Bar Association (Click Here for the Database) and your State Bar Association’s list of lawyers. Most of the time, these lawyers have been vetted to be ethical attorneys who provide service in specific areas of law. While you’re waiting to hear back from the Pro Bono Service providers, also take consults with attorneys where you can afford it.
7. Prepare for your Consult! Do not go to your consult expecting the attorney to do all the work. That is an easy way to walk away from the consult feeling even more frazzled. The goal of a consult is to understand if this attorney is a good match. It’s also an opportunity for you to receive sound guidance. Think about the outcome that you want from the case. Write that down. Come with a list of questions for the case. Bring the procedural information you find in Step 3 & 4. For example, if your landlord is trying to evict you important questions to ask might be:
How long is an eviction court proceeding? Based on your experience with this Judge, what evidence is important to present? Have you ever worked on a case against Opposing Counsel? Should I communicate with Opposing Party? What are my limitations on communication with Opposing Party? How should I communicate (email, text, etc.)? When can I expect a final answer from the Judge? How many cases have you worked with that looked like mine? How long have you been working in this area of law? What is the cost for your services? Is this a flat fee or an hourly cost? What is the hourly rate for your services? Are paralegals and legal assistants also charging at an hourly rate? In case like mine, what was the final cost for your services? How will we (attorney/client) communicate throughout the case? I want a certain outcome for the case, does the law support my desires for the case? Is settlement an option for this case? If so, what does that look like? What information do you need from me? How soon will you reach out to Opposing Party/Opposing Counsel?
8. Be Cautious about Information Sharing! Refrain from sharing information about the case with everyone. You want to refrain from having people ignite anxieties or doubts. You also do not want people sharing information with Opposing Counsel/Opposing Party or the Judge. Do not go “LIVE” on social media. Do not tweet song lyrics that could be related to the case. Tap into your trusted family, friends, or therapist to vent about the case. You will need emotional support throughout the process BUT remember the only person sworn to attorney-client privilege is your attorney.
Matthew 6:25-34
Disclaimer: This information is not legal advice. It is only a source of information among the many resources available to you. I do not endorse any particular attorney/legal service, nor guarantee any result. I am not liable for any damage of any kind.
