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Initiating Legal Action

Copyright © 2014 by The University of Kansas

What is legal action?

• For the purposes of this section, a lawsuit can be criminal or civil.

• Possible outcomes:• Money damages• Other types of payment or action• Injunction• Mediation or arbitration• Punishment of the other party

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Why would you - and why wouldn't you - initiate

legal action?

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Why to:• The other party refuses to deal with you at all• You've tried negotiation and/or mediation, and the other party

wouldn't deal with you in good faith• You want a judge to order mediation, fact-finding, or arbitration

to resolve an issue• The other party has made it clear that legal action is the only

course it will accept• You know or believe that the other party is about to initiate legal

action against you• If you win, you may set a legal precedent that helps your cause

over the long term

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Why not to:• Expense• Time• Unpleasantness• Destruction of current or potential relationships• The effort you put into the lawsuit may take away

from your other work as an advocate• There's no guarantee that you'll win• If you lose, you may set a legal precedent that hurts

your cause over the long term

Copyright © 2014 by The University of Kansas

How do you initiate legal action?

• Find a lawyer• Determine whether you have a case• Decide what you want to get out of taking legal

action• Decide whether you're suing in your own right, on

behalf of a single or small number of plaintiffs, or whether you want to institute a class action suit

Copyright © 2014 by The University of Kansas

How do you initiate legal action?

• Decide where and in what court to file suit• Be prepared to counter the other side's

arguments• Decide on when and whether to settle, and on the

minimum amount or concession you find acceptable

• Be aware that this suit may be part of your life and that of your organization for as long as it goes on