Protecting Your Legal Rights in Civil Matters
Every legal issue has multiple possible solutions, choosing the right solution depends on the clients needs and the particular circumstances. That is why Mr. Dell finds it critical to personally discuss the details of every new case with each prospective client, as to ascertain the most suitable path to the best possible result for each case.
Hiring the Right Attorney
In order to find the right lawyer, a party should first try and identify what their needs are, and then try to find a lawyer who matches those needs. Also, the right lawyer should be able to explain the system and the process in a easy-to-understand manner; he or she should not be someone you find intimidating or unresponsive.
Filing Your Answer
Many people believe that they can buy time by filing their own answer to the lawsuit rather than expending the money to hire a lawyer. Often, such people will find a form general denial or use an answer from somebody elses case. This can be a tragic error because failure to raise certain issues in your answer properly can result in a waiver and damage your case.
The Discovery Process
Once you have hired an attorney and a proper answer has been filed, most cases proceed in a relatively similar fashion. The next phase of the litigation is known as discovery. During this time, the parties seek to learn as much as possible about the other sides claims, evidence and witnesses. They will exchange requests for interrogatories, production and admissions. Interrogatories are written questions asking about your claims and defenses and the names of your witnesses. Requests for production seek copies of pertinent documents and other items. Requests for admissions ask a party to admit or deny a certain proposition or statement. They can be useful to narrow the scope of the issues but they can also devastate you case if not answered in time. For instance, if you fail to respond to requests for admissions, they are deemed admitted and can thus admit away your claim or defense.
Depositions
During the discovery period, depositions will likely be taken. A deposition involves a party or witness being questioned under oath with a court reporter present and taking down the testimony in shorthand. The testimony can be used at trial and has the same effect as somebody testifying before the judge or jury.