Practical Considerations

Procedure
 
Before you choose to litigate,  the practical realities of litigation must  be considered. Business litigation is often complex and expensive and we will need your full cooperation during the process. However, you may find that, depending on the nature of the case, a surprisingly limited amount of your time is actually required.

The initial phase of the case will be locating all the existing, relevant documents to be used in your case. Ultimately, these documents will need to be produced to our opponents in the process called "discovery. " Discovery is the phase of the litigation where both sides get to ask written and oral questions and request copies of documentary and electronic evidence in order to assist each side in developing and further investigating the case. Part of this phase will be explaining the meaning of the documents and evidence to your attorney, so that he can become as familiar with the facts of the case as you are.

Another part of this discovery phase will be answering written questions submitted by opposing counsel with the assistance of your attorney. Yet another part of the process will be providing oral testimony in your attorney's office. Your Time Commitment Although the litigation typically stretches out over one to three years on average, the actual time you are required to commit to the process will probably be measured in days. The commitment in terms of time and economic resources on the part of your attorneys is actually much greater. The formal papers, motions, research and evidence development which will be required to move the case through the court system varies widely with the circumstances of each case.

Damages and in Contingent Fee Litigation* 

With you, your attorney will be gambling, to some extent, that the case will take shape such that the judge and jury will ultimately perceive the case as you do. It is also the goal of litigation to bring your opponent to see that at the end of the day, his wrongdoing will be sufficiently proven. It is when this realization occurs, that it becomes possible to obtain a fair settlement. In some cases, your opponent will never see the true risk of litigation and a trial will become necessary. It is then that all sides discover whether their position will seem reasonable to the court and twelve jurors.

Because this process requires a large investment of time and money by your legal team, and because the risks of litigation may prevent every case from being successful, regardless of how just the cause, it is critical that the opponent have sufficient resources to fight the battle and pay the damages. Without a solvent opponent, the entire process goes for naught. Therefore, the only viable cases to pursue for both the attorney and the client are cases in which not only the facts and the law are in your favor, but in which you have a large and financially stable opponent and substantial damages. Damages can consist of profit you would have received in the absence of wrongdoing. However, under Texas Law you're only entitled to recover "net profits" which are only those profits which are remaining after all the costs of obtaining those profits have been subtracted. Damages can also consist of the amount you have spent in reliance on the wrongdoer or in attempting to recover from the damage caused.

Resources

The legal resources required for such cases are often substantial. Very often it will require the efforts of several attorneys to prosecute your claim. Sometimes firms join together to combine various levels of experience and expertise for a particular case. Because substantial resources are often required, it is impractical for most law firms to handle a high volume of these cases. Therefore, it is critical to find a firm or group of firms that not only have the skill and expertise to handle such a case, but also the time and financial resources.

* A contingent fee means the fee is taken as a percentage of your recovery. There will be no cash outlay by you unless and until a recovery is obtained.