Do I Have A Case?

     People who believe that they were wronged and a deep injustice was done usually do not know what kind of evidence is necessary to prove a case. The old maxim that you win on "what is proved not what is true" is true. Cases have to be proved and just knowing you are right does not cut it. Documents and evidence have to be reviewed in conjunction with proper evaluation of a client's proposed claims in light of evidentiary rules and standards.  That is why we need to evaluate the likelihood of success before agreeing to take on matters which requires basic preliminary investigation. Depending on the case charges for that may be waived. 

   It is critical to follow attorney advice as the attorney represents them before agencies or courts in terms of what kind of evidence is necessary to obtain and preserve. Once you decide to bring legal action it is critical that you preserve all pertinent documentation which includes all relevant emails so your attorney can properly comprehensively evaluate your matter to put on the best case for you. Corporations typically have "document retention policies" and "Legal Holds" are placed on pertinent documents/files once litigation is contemplated or a claim proffered. Document destruction is a serious issue that can get clients in major trouble so as soon as you think you have a case or have been sent any notice of anticipatory litigation you need to preserve and maintain and not toss out any electronic devices you have been working on or personally possess including cell phones, computers and the like. You need to establish a protocol for document retention and not destroy any paper trails or electronic email trails. 


    Once you start working with an attorney it is critically necessary to not talk about your case widely, particularly strategy nuance, and not share widely information considered work product which has confidentiality and privilege issues attached to it. The information you share with your attorney is considered privileged and confidential information. 


    Case evaluations may or may not be done with a fee attached. Initial consultations (usually of an hour or less) are always free. Further review of documentation or investigation may have a fee attached.