Going to Court: Surviving the Courtroom
Improve your chances of success in court.
The best way for a nonlawyer to survive the courtroom is to avoid it altogether by settling your dispute (see Try to Compromise Before You Sue) or by using mediation instead. Failing this, you'll either need to hire a lawyer or learn how to navigate a formal court proceeding. If your dispute isn't over enough money to justify paying a lawyer, doing it yourself may be your only realistic approach. As with learning any other bureaucratic process, learning to represent yourself will take some effort, but it's not impossible.
Hiring a Lawyer
If you decide that you don't have the time or inclination to represent yourself and you want to hire a lawyer to handle your case, there are several ways you can minimize your stress and maximize your chances of success. First, find a skilled lawyer with whom you can work comfortably at an affordable cost. (For help, see How to Find an Excellent Lawyer.)
Next, find out what to expect during the course of your lawsuit -- and how you can work with your lawyer to achieve the best possible outcome. Ask your lawyer to keep you apprised of developments in your case and tell you what role you can play in each stage of the proceedings. To this end, you can consult a self-help resource: The Lawsuit Survival Guide, by attorney Joseph Matthews (Nolo), for detailed information about what goes on in a civil lawsuit.
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Finally, work with your lawyer to take advantage of pretrial opportunities to settle your case by approaching settlement talks, mediation, and negotiations with an open mind. Remember, the vast majority of civil lawsuits never go to trial. Even though you've hired a lawyer and entered the litigation arena, you can still leave court quickly behind if you make good faith efforts to resolve your dispute.
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