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