Filing A Lawsuit? What To Look For In A Civil Litigation Lawyer

Filing a lawsuit can be an intimidating process. You will want to find the best civil litigation lawyer you can affordable, but what are some of most important qualities you should look for when researching lawyers?What qualities should you look for in a civil litigation lawyer so that you have the best chance of winning your case?

• Past history of success with cases similar to yours
• Honest about the case’s chances
• Has the client’s best interests in mind
• Strong written and oral advocacy skills
• Excellent negotiation skills
• Up-to-date on the current legal research techniques
• Top-notch interpersonal skills and persuasiveness
• Knowledge of procedural law

Ability to understand complex material and break it down to others with clarity and concisenessMost cases settle before going to trial. Finding a lawyer with strong interpersonal skills, who can work with the other party’s counsel to reach a reasonable agreement prior to pursuing litigation, can save a client money, time, and stress. If, however, the client does not approve of the proposed settlement and would rather fight it out before a judge, finding a lawyer who is a pitbull in court, may be a more important quality. Either way, finding a lawyer who will listen to your legal needs is a top priority. A good civil litigation lawyer, however, will be honest about your cases chances and make recommendations based on your goals.For more information about finding a good civil litigation lawyer, send us a message.[formidable id="7" title="1"]

E-Commerce Lawsuit: Can You Sue An Online Business?

In the last few decades, e-commerce has grown to become an important part of peoples’ everyday lives. From ordering packages to buying services and sending data, the internet has changed the way we do business, which inevitably also means problems can and will arise.When legal trouble does occur, can you sue an online business? Depending on where the seller or owner of the website lives and operates out of, it can be incredibly difficult, if not impossible, to bring a lawsuit against them. Another factor is how often they conduct business in your area. The closer they live to you and the more often they conduct business in your area, the better chance you may have of bringing a lawsuit against them.What are the rules to an e-commerce lawsuit? Ask these questions:Does the website or online business advertise in your state?Did the online business know where you lived, in other words, did you purchase a product that was shipped to you?Does the online business have employees that conduct business in the state you reside in?Does this online business have a registered agent that services the state you live in?Does the online business have brick and mortar stores in your state?Does the website you did business with do direct sales?Did you agree to the websites ‘terms and conditions’ prior to purchasing the product or service?Did the business knowingly sell a defective product?Generally, the terms of the contract dictate where a lawsuit can be brought. Additionally, many terms and conditions have arbitration clauses to settle matters outside of court. If a business, however, knowingly sells a defective product, and does business in the area where the victim is located, then the victim can bring a personal injury lawsuit in their state against the business.For more information about suing an online business, send us a message.[formidable id="7" title="1"]

How To Win New York Unjust Enrichment Claims

What are unjust enrichment claims?In contract law, an unjust enrichment claim happens when one party gains a benefit at the expense of another party. Unlike other causes of action, unjust enrichment does not require the plaintiff to prove that the defendant acted with intention. Likewise, they do not have to prove that the defendant acted wrongly either.To successfully prove an unjust enrichment claim the plaintiff must ask the following questions:1. Was the defendant was enriched?2. Was this enrichment was at the expense of the plaintiff?3. Was the enrichment unjust?4. Does the defendant have a defense against the claim?3. And, is the defendant is obligated, in good conscience, to make restitution if found to have be unjustly enriched at the expense of the plaintiff?One final note, a plaintiff cannot make both a claim for unjust enrichment as well as a claim for breach of contract at the same time, the court will only accept one or the other.For more information about unjust enrichment claims in New York, send us a message.[formidable id="7" title="1"]