Does it have to be expensive to be in a lawsuit?

[breakaway]

What is the name of your state? CA

I always hear on this forum about how it is expensive to sue someone or to be sued by someone else. Is that always the case? Are there any ways around that? How come sometimes an attorney may be provided?

I hear that if a big company wanted to sue you, you basically have to listen to what they say unless you're willing to put in tens of thousands of dollars in legal fees. What would happen if you want to fight them in court but don't have tens of thousands of dollars to spend?

 

[Zigner]

What is the name of your state? CA

I always hear on this forum about how it is expensive to sue someone or to be sued by someone else. Is that always the case? Are there any ways around that? How come sometimes an attorney may be provided?

I hear that if a big company wanted to sue you, you basically have to listen to what they say unless you're willing to put in tens of thousands of dollars in legal fees. What would happen if you want to fight them in court but don't have tens of thousands of dollars to spend?

You could try to represent yourself. Or you could try to find a lawyer who works on a sliding scale. An attorney wouldn't be "provided."

 

[quincy]

Occassionally a court will provide you with an attorney if you are indigent and need representation. Oftentimes, a judge may order that the county be repaid for the cost of this court-appointed attorney, however, depending on your circumstances. Sometimes, as Zigner said, attorneys will work on a sliding scale - their fee is based on your income. Sometimes attorneys will take a case on a "contingency", and they will only collect a fee if your case is won. Attorneys will sometimes do this if the case is an important one that could lead to positive publicity for the lawyer or law firm or is in someway legally "ground-breaking", and sometimes attorneys will do this if there is the possibility of a large award of damages - for instance, in a suit against a large corporation or a hospital. The attorney will usually base his decision on whether there is a good chance of a successful suit.

But, for the most part, lawsuits are expensive. I have seen defamation suits in the $100,000 plus range with damages awarded of over a million. Attorneys can cost $175 to $200 an hour, and really really good attorneys can cost significantly more than that.

There are legal sites like this and numerous books available on representing yourself in court, but it is not easy - although the cost of representing yourself is certainly cheaper. In a serious matter, however, it is always better to enlist the aid of an attorney.

 

[breakaway]

Thanks for the explanations.
I just don't think average income people would be willing to pay more than a few thousand dollars to defend their case.

Also, when someone sues another person it often seems like a huge number that they just picked out of thin air. Is that basically what they do? I mean it seems like they can just pick $10 million in losses and emotional distress and somehow that is justified. An infamous case recently about a former lawyer suing the dry cleaners for $67 million. http://abcnews.go.com/TheLaw/story?id=3119381
Thankfully he lost. But think of the turmoil the dry cleaners must have went through.


With regards to providing an attorney, I don't know, sometimes I see those shows on TV where the police catch someone and then say "you have the right to remain slient".....and then something about providing an attorney.

 

[VeronicaLodge]

thats criminal, you were asking about being sued in civil matter, right?

 

[quincy]

In many civil actions, there is no need for an attorney, or if you choose to have one, the time an attorney invests in your particular case would not amount to very much, so the fees would not amount to very much. Many times, attorneys' fees would be collected as part of any damages awarded, too, should you win your case.

In criminal matters, especially high profile ones, individuals can spend thousands and thousands and beyond. Many businesses, even small ones, will have insurance that will cover the costs of some of the suit. Doctors, for instance, pay a lot for medical malpractice insurance, on the off-chance that they are sued. Any business that is likely to be sued - car companies, hospitals, drug manufacturers, toy companies - will have extensive insurance coverage.

Individuals, however, will generally not have enough insurance coverage (auto, homeowners, etc) to cover all of the costs involved in any one major suit. That is why it is important not to do anything that could get you sued, if at all possible. And, if you are the one doing the suing, it is important to know, going into the suit, that you have a case you could win.

And, as far as the $67 million being sought by the man with the lost pants - most judges would never allow an award that high and unreasonable. They would reduce the award substantially. In a particularly disturbing dog abuse case, for instance, a jury awarded the dog owner over a million in emotional distress, but the judge reduced it to $1500 (which was still considered a successful suit, as dogs are generally considered property and the awards in such a case would usually be under $100).

 

[SHORTY LONG]

FYI: The Judge who sued the dry cleaners over his pants lost his job.

 

[mike_lee]

Yes the judge decides the case so a lawyer is not necessary. However, a lawyer will be so much better at gathering facts the judge wants to hear, he'll be better at blocking or nullifying your points.

In some states lawyers are not allowed in small claims court (claims up to $7.500) your state is one of these. However a lawyer can prepare the case and you'll be at a disadvantage. But the judge will try to balance things in your favor.

I'm not a lawyer but I suspect if a company was suing you they would avoid small claims court somehow.

 

[VeronicaLodge]

FYI: The Judge who sued the dry cleaners over his pants lost his job.

also, the dry cleaners in that case went out of business

 

[VeronicaLodge]

Yes the judge decides the case so a lawyer is not necessary. However, a lawyer will be so much better at gathering facts the judge wants to hear, he'll be better at blocking or nullifying your points.

In some states lawyers are not allowed in small claims court (claims up to $7.500) your state is one of these. However a lawyer can prepare the case and you'll be at a disadvantage. But the judge will try to balance things in your favor.

I'm not a lawyer but I suspect if a company was suing you they would avoid small claims court somehow.

corporations can not represent themselves, they have to have an attorney even in small claims.