Settlement or purse litigation

Learning Team Reflection Obtaining legal counsel was this week’s reflection topic. Team B in this outline will include and answer two questions: What benefits would counsel provide in helping a victim to decide whether to take a settlement offer or pursue litigation, and at what point should counsel be available. Team B have collaborated each members responses, and formatted them below. I. What benefits would counsel provide in helping a victim to decide whether to take a settlement offer or pursue litigation? a. Depends on the type of case and settlement amount.

b. If the settlement amount is close to the amount of the plaintiff’s total cost or damages then the settlement would be a good option. c. Legal counsel will be unnecessary because any extra amount would likely cover costs of hiring the counsel. d. Lawyers understand the law better and know how the judicial system works. They can use their expertise to help someone decide whether or not to take a settlement or purse litigation. e. Lawyers have prior experience and can offer advice based on similar cases. f. Lawyers know the process that the victim and the lawyers will have to undertake.

g. Counsel can answer questions concerning the facts in the case and the litigation issue to be covered. h. Counsel is aware of documentation, filing procedures, and statutes of limitation. i. Having someone familiar with the laws and legal process can be beneficial for someone who may have never had to deal with legal issues. j. Legal counsel is on the “side” of those he or she represents and can offer insight that will keep their client from making a bad decision because of misunderstanding k. Counsel can be the go-between for inquiries advise parties of their rights.

l. Counsel would provide help to the victim to decide the viability of the victim to sustain litigation proceedings, both financially and mentally. m. Counsel would provide highlights of the strengths and weaknesses to a case. n. An attorney has the ability to take into account all damages from both parties from the past, present and future. o. The cost of litigation is one factor that encourages settlement p. The unpleasant nature of litigation. q. Litigation can also have a harmful impact on the public reputation of the party’s involved. II.

At what point would you need to have counsel available? r. If the case is complicated and the burden of proof falls on the plaintiff s. If the settlement amount is too low than the damages suffered by the plaintiff t. If the plaintiff’s case is strong, and they can provide proof that the defendant was liable for the damages and settlement amount is way low u. If the situation was out of control and the parties cannot reach an agreement v. If an individual was charged with something that they did not do and can prove it or believe that they can prove it w.

One has no legal background x. When one feels they may need additional help in the matter y. When the problem has become more than what one is personally, able to handle. In any type of criminal aspect, injury, legal documentation such as a will,or any type of adoption proceedings. z. If the opposing party acquires legal representation, then it may become neccessary to have your own to translate what is going on. (BarAttorneySearch. com) {. Counsel can provide victims with direction on why a settlement would be better or if the situation is work pursing through litigation.

|. If there is a potential tort then seeking advice from an attorney is wise. }. Legal counsel is also wise before attempting to settle in any case because a case can be used as a parameter for future cases. Team be recognizes the use of counsel can depend on multiple variables. A simple rule of thumb is to look at who your opponent is or will be, determine how much time and effort you are able and willing to spend on the matter yourself, and also look at the possible ramifications of the outcome of your situation.

If there is no opponent (bankruptcy actions, name changes, etc) , your opponent is not represented by an Attorney, you have the time to dedicate and willingness to learn, or the potential award/judgment that will be given or taken from you is small then you can probably get away with handling the situation without an Attorney(baritones,2012) Counsel can assist with keeping private matters and information private. They can also provide added insight into areas a law that the average person may not have. * References

Attorney Search. (2010). Retrieved September 9, 2012, from Do you really need an Attorney? : http://www. barattorneysearch. com/attorney/do-you-really-need-an-attorney The Association of the Bar of the City of New York . (n. d. ). General Guidance to the Families of theVictims of a Disaster, Retrieved September 9, 2012, from http://www2. nycbar. org/Publications/reports/print_report. php? rid=26 Thefreedictionary. com. (n. d. ). Retrieved September 9, 2012, from States: http://www. thefreedictionary. com/states