Brown & Spencer's Law Firm Brochure
By: Koby Brown
What do you do if you want to sue someone?
- Well if you decide to sue someone in the chance that you feel like you've been wronged then you will become a plaintiff (the person that is suing) and the person that wronged you will become the defendant (the one that's getting sued).
- You, the plaintiff, will then hire an attorney, who will file a complaint describing the parties and the nature of the lawsuit.
What do I do after I hire an attorney and he files a complaint?
- After your attorney files a complaint the court summons the defendant ordering him/her to appear at court on a certain date
- Now the defendant at this point can send a response to your charges either admitting guilt or he/she can give reasons why they are not responsible.
- The complaint with the response are called the pleadings.
The Pretrial Conference!
- The Pretrial Conference is called by the judge and your side and the defendant's side clarify your differences.
- During the pretrial conference you and the defendant could decide to resolve this dispute through mediation. A third party would help you and the defendant come to a consensus.
- Or you could settle this through arbitration. A third party settles the dispute and the decision of the arbitrator is legally binding.
What if I don't want to resolve the dispute through mediation or arbitration?
- If you don't' want to resolve the dispute through mediation or arbitration then your case will go to trial.
- During trial your case is heard by either a jury of 6-12 people or by a judge.
- You, the plaintiff, presents your side first and then the defendant presents his/her side. After that your side and the defendant's side summarize your cases.
- You must prove your case with a preponderance of evidence (enough to persuade the judge or jury that the defendant is responsible for the damages.
What happens after I try to prove my case?
- After you present your side and summarize your case and the defendant does the same, the judge or jury decides a verdict in favor of one of the parties.
- If you, the plaintiff, wins, a remedy is set (pay compensation, replace lost earnings, etc).
- If the defendant wins, you receive nothing and you must pay court costs; HOWEVER, if you are dissatisfied with the judge's verdict, you may appeal to a higher court.