Law_Learnin_Team_Reflection

In life, an individual or a business will face problems of a legal nature. In modern society one’s interests will always be in conflict with those of other people, organizations, and state. Because we are all regulated by law, there is always a situation when the law works contrary to our interests. Most victims, because they lack experience in legal issues, do not know the correct way to behave under such circumstances. However, in such situations, they need professional advice for protection and to prevent themselves from violating the law. In this paper, Team B evaluates the objectives of Week Two concerning the advantages and benefits of taking counsel to aid a victim in deciding whether to settle or pursue litigation. The paper also explains at what point it might be beneficial for a victim to obtain counsel. Cost-Benefit Analysis Cost-benefit analysis will enable counsel to help their client determine if it would be more cost effective to pursue further litigation. Conducting this analysis will also inform the client of potential costs and outcomes--specifically, what their probability is of winning. They will explain all the costs for lawyers' fees and litigation. The amount of money that they may win or lose will be discussed. This amount may include time lost by managers and other personnel involved in the case as well as psychological costs associated with a lawsuit. Other aspects are the effects on relationships between the parties involved in the suit and their reputation. Counsel will discuss other factors that are case specific and will also explain that the legal system is very unpredictable and winning a suit is not guaranteed. It would be vital to have counsel available from the beginning of a potential suit so they can guide and direct the victim through the appropriate procedural issues. They would be available in the discovery phase, which would help them answer questions in the cost-benefit analysis (Cheeseman, 2010). Legal personnel are greatly needed because they have the expertise to properly handle the case, which will allow the client to focus on their personal affairs. Client’s Best Interest The clash of economic interests in business often leads to big problems, which give rise to complex and lengthy court proceedings. The economic stability of the business depends on a competent lawyer who can give the right advice in a timely manner. Benefits of the presence of counsel are the client’s interests. So before a victim sues in court, the lawyer looks into how the victim can resolve a case or a settlement agreement so as to save time and costs for the client. If going to court will be inevitable, the lawyer can give assessment of the prospects for judicial resolution. Also, an attorney can help protect against dishonest business competitors and resolve disputes relating to property. “A good business attorney will provide vital assistance in almost every aspect of a business, from basic zoning compliance and copyright and trademark advice to formal business incorporation and lawsuits and liability” (Entrepreneur, 2011). The participation of lawyers in disputes is vital because they have not only expertise but also the experience with different papers. Procedural Preparation Counsel helps with the preparation of certain procedures that an individual will be providing. According to “Class Action Litigation/Class Action Lawsuits/Class Action Faqs” (n.d.), arbitration clause generally prohibits a consumer from filing any lawsuit in a court of law. In a lawsuit people have much broader procedural protections and rights than they have in arbitration. Since a plaintiff will likely never be able to obtain full discovery, many frauds, lies and deceptions may go totally undiscovered because arbitration clauses generally prohibit the resolution of any dispute as a class action. Claims can be arbitrated as a class action; the most the defendant could ever be held accountable for is the claim of the individual who filed a demand for arbitration. If the consumer pays the filing fee and attempts to represent himself, he won't likely get the "discovery" that he needs to prove his claim” (para. 1-4). Cost Savings Alternative dispute resolutions (ADR), which often lead to settlement outside of court, can save individuals precious time and money. According to Cheeseman (2010), “The use of the court system to resolve business and other disputes can take years and cost thousands, even millions, of dollars in legal fees and expenses. In commercial litigation, the normal business operations of the parties are often disrupted.” p. 43. Hence, the incentive to make a wise decision on whether to pursue litigation or not could be very great. Knowledge of Rights Counsel could also help the individual know his or her rights under the law. Counsel could reveal the maximum and minimum settlement amounts possible for the case in point. This information would help the victim decide if it is worth the time and money pursuing litigation. Counsel can weigh the situation and determine whether there is enough evidence to go to court. If going to court is the option, counsel can advise if a jury trial would be better than having a judge. When to Hire At what point would a victim need to have counsel available' Counsel is needed when the victim is confused about what direction to take and the legal terminology is becoming confusing. Individuals or businesses that need to retain counsel in many cases have a good case and need assistance to carefully examine that case. It is advisable to have legal counsel at the beginning of the case because he/she can proceed to make the necessary motions on the victim’s behalf. Many do not have the skills and knowledge required to address the issues before them. Counsel is especially necessary if the opponent has hired one. Conclusion Counsel serves many benefits in helping a victim decide whether to take a settlement offer or pursue litigation. Whether they are there to offer a cost-benefit analysis or whether the victim needs some good sound legal advice or just need help preparing for certain procedures. ADR can also be discussed with counsel. Using counsel at the beginning of the dispute is preferred so they can be available to handle whatever needs or concerns the victim has.