ohiolandlord
04-20-2006, 08:22 PM
I. The Proper Way to Consider A Case
As an attorney, I look at a case from two aspects: (1) money damages and then (2) liability. Most clients look at liability first, and then sometimes move on to damages.
I look at money damages first because this allows me to see if the case is worth pursuing. If I determine a case is worth $5,000 at best, then I'm going to tell a potential client it's not worth it to pursue the case. If the client's expenses are going to be $12,000, why pay $12,000 to get $5,000? You will lose $7,000 if you get the best result and lose $12,000 if you get the worst. This is a business decision for both the client and the attorney, and I'm determining whether to bring suit by looking at the potential results versus the potential expenses. An attorney who fails to do this does you no favors.
II. Liability
Many potential clients see only one aspect of the case - liability - and never evaluate what damages they can obtain as a result of that liability. These people can’t get past the fact that they have been wronged by the former employer. They are stuck in a rut of indignation from being ill-used and can’t see beyond this.
Just because you can prove your former employer violated the law does not mean your case is worth pursuing. If you didn’t have any points on your license, would you hire a lawyer to contest a speeding ticket for which the prosecutor only wants $45.00? Would you take a day off work to go down and fight the thing? What if your legal fees were going to be $5,000 to do so? Now would you fight it? The point is that you may invest more money and time in your case then you will get if everything goes in your favor.
A. Risk
Notice that I said, "If everything goes in your favor." Risk is the second aspect that a potential client fails to take into account. This stems from inability to focus on other aspects of the case and concentrating only on the wrong instead.
Clients often ***ume a jury will see everything the same way as they do. Objectivity is lost in the stress and emotion of being terminated. Rarely will a judge or jury see everything as you do. There are two sides to every story, and your employer is going to tell its side through a very talented lawyer. Once the trial is over, the jury will be sent off to come up with a third side to the story which usually is a result of parts of your story and parts of the employer's story.
Let's look at an example. In a typical wrongful termination case, you have different types of monetary damages available including lost back pay, emotional distress damages and punitive damages.
Notice that I said, "monetary damages." Courts award money to compensate you for a wrongful termination that is in violation of the law. If you are seeking an apology from your former employer, or you want your termination changed to a resignation, you won't get those remedies through a court. In fact, an apology is one of the most difficult things to obtain.
III. Calculation of Money Damages
A. Lost Back Pay
When evaluating a case, I like to look at the most straightforward form of damages first,
continue article
www.ruzicholaw.com/books.html
As an attorney, I look at a case from two aspects: (1) money damages and then (2) liability. Most clients look at liability first, and then sometimes move on to damages.
I look at money damages first because this allows me to see if the case is worth pursuing. If I determine a case is worth $5,000 at best, then I'm going to tell a potential client it's not worth it to pursue the case. If the client's expenses are going to be $12,000, why pay $12,000 to get $5,000? You will lose $7,000 if you get the best result and lose $12,000 if you get the worst. This is a business decision for both the client and the attorney, and I'm determining whether to bring suit by looking at the potential results versus the potential expenses. An attorney who fails to do this does you no favors.
II. Liability
Many potential clients see only one aspect of the case - liability - and never evaluate what damages they can obtain as a result of that liability. These people can’t get past the fact that they have been wronged by the former employer. They are stuck in a rut of indignation from being ill-used and can’t see beyond this.
Just because you can prove your former employer violated the law does not mean your case is worth pursuing. If you didn’t have any points on your license, would you hire a lawyer to contest a speeding ticket for which the prosecutor only wants $45.00? Would you take a day off work to go down and fight the thing? What if your legal fees were going to be $5,000 to do so? Now would you fight it? The point is that you may invest more money and time in your case then you will get if everything goes in your favor.
A. Risk
Notice that I said, "If everything goes in your favor." Risk is the second aspect that a potential client fails to take into account. This stems from inability to focus on other aspects of the case and concentrating only on the wrong instead.
Clients often ***ume a jury will see everything the same way as they do. Objectivity is lost in the stress and emotion of being terminated. Rarely will a judge or jury see everything as you do. There are two sides to every story, and your employer is going to tell its side through a very talented lawyer. Once the trial is over, the jury will be sent off to come up with a third side to the story which usually is a result of parts of your story and parts of the employer's story.
Let's look at an example. In a typical wrongful termination case, you have different types of monetary damages available including lost back pay, emotional distress damages and punitive damages.
Notice that I said, "monetary damages." Courts award money to compensate you for a wrongful termination that is in violation of the law. If you are seeking an apology from your former employer, or you want your termination changed to a resignation, you won't get those remedies through a court. In fact, an apology is one of the most difficult things to obtain.
III. Calculation of Money Damages
A. Lost Back Pay
When evaluating a case, I like to look at the most straightforward form of damages first,
continue article
www.ruzicholaw.com/books.html