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Budget Cuts and Impact on Litigation
As a litigator in civil rights and special
 education, it is impossible to ignore
the impact of the state’s budget woes
              on litigation.
Often, we’re asked “Should I sue”?
When choosing the litigation route i.e.
 bringing your case to a Judge and/or
  Jury to decide, there are so many
factors beyond even the facts of your
   case to consider. This is because
   judges and juries are people too.
They represent the people who may
 have been foreclosed upon, or the
person who just doesn’t like your tie.
  These folks are potentially your
neighbors or people just like you and
your family. They have preconceived
        notions and ideas.
Yes, it is true that not all cases can
   avoid going through the court
processes, but often times (and the
caselaw and rules of court suggest
this) the preference is to keep your
            case out of court
– yes I’m an attorney who makes a
 living out of going to court – but I’m
    telling you the cost benefit with
budget crisis in all aspects of our lives
   makes litigation a true last resort
                  option
Here are just a few things to consider
  before you ask “Should I sue”?:
1. Have I tried all informal means of
resolving my case by problem solving,
  considering alternative solutions to
   resolve my matter or involving a
neutral person with experience in your
   matters such as an attorney or in
 special education cases, a mediation
  only option (no attorneys allowed).
2. Is there some other process
 available to me such as an internal
complaint process, a state or federal
 complaint process or an internally
    offered mediation process?
3. Will my potential for “damages” I
can obtain through a lawsuit be worth
  the the benefit? This includes your
time (taking off of work to spend 5-10
or more days in court, paying experts
etc.), cost (experts, discovery, copies)
          and attorney’s fees.
4. What are the risks of losing and
 your willingness to appeal your case.
  In civil rights cases we are seeing a
huge sympathy for “broke” states and
state entities and civil rights are being
 harder and harder to win making an
     appeal a much likelier chance.
5. If your suing simply to vindicate a
  right, make sure that you have the
financial and emotional staying power
to fight your case as long as necessary.
This is not an exhaustive list but it
would be doing any person or groups
of persons who intend to sue for civil
rights litigation – of any kind – not to
     advise them of these facts.
The Leigh Law Group represents
   individuals, families, employees,
 parents, guardians and children who
have been injured by the unlawful acts
 of others. As attorney advocates, we
  provide each client with all options
          available to them.
When Leigh Law Group acts on your
  behalf, we demonstrate a strong
 commitment to your case and are
 relentless in our goals for seeking
       remedies and justice.
Specialties include special education
attorney, federal court litigation, state
       court litigation, disabilty
    discrimination, disability rights
attorney, and civil rights. Please visit
           us on the web at
   http://www.leighlawgroup.com

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Budget Cuts and Impact on Litigation - Special Education San Francisco

  • 1. Budget Cuts and Impact on Litigation
  • 2. As a litigator in civil rights and special education, it is impossible to ignore the impact of the state’s budget woes on litigation.
  • 3. Often, we’re asked “Should I sue”?
  • 4. When choosing the litigation route i.e. bringing your case to a Judge and/or Jury to decide, there are so many factors beyond even the facts of your case to consider. This is because judges and juries are people too.
  • 5. They represent the people who may have been foreclosed upon, or the person who just doesn’t like your tie. These folks are potentially your neighbors or people just like you and your family. They have preconceived notions and ideas.
  • 6. Yes, it is true that not all cases can avoid going through the court processes, but often times (and the caselaw and rules of court suggest this) the preference is to keep your case out of court
  • 7. – yes I’m an attorney who makes a living out of going to court – but I’m telling you the cost benefit with budget crisis in all aspects of our lives makes litigation a true last resort option
  • 8. Here are just a few things to consider before you ask “Should I sue”?:
  • 9. 1. Have I tried all informal means of resolving my case by problem solving, considering alternative solutions to resolve my matter or involving a neutral person with experience in your matters such as an attorney or in special education cases, a mediation only option (no attorneys allowed).
  • 10. 2. Is there some other process available to me such as an internal complaint process, a state or federal complaint process or an internally offered mediation process?
  • 11. 3. Will my potential for “damages” I can obtain through a lawsuit be worth the the benefit? This includes your time (taking off of work to spend 5-10 or more days in court, paying experts etc.), cost (experts, discovery, copies) and attorney’s fees.
  • 12. 4. What are the risks of losing and your willingness to appeal your case. In civil rights cases we are seeing a huge sympathy for “broke” states and state entities and civil rights are being harder and harder to win making an appeal a much likelier chance.
  • 13. 5. If your suing simply to vindicate a right, make sure that you have the financial and emotional staying power to fight your case as long as necessary.
  • 14. This is not an exhaustive list but it would be doing any person or groups of persons who intend to sue for civil rights litigation – of any kind – not to advise them of these facts.
  • 15. The Leigh Law Group represents individuals, families, employees, parents, guardians and children who have been injured by the unlawful acts of others. As attorney advocates, we provide each client with all options available to them.
  • 16. When Leigh Law Group acts on your behalf, we demonstrate a strong commitment to your case and are relentless in our goals for seeking remedies and justice.
  • 17. Specialties include special education attorney, federal court litigation, state court litigation, disabilty discrimination, disability rights attorney, and civil rights. Please visit us on the web at http://www.leighlawgroup.com