Civil litigation covers that broad range of situations where people come to court to determine their civil rights.

Whether you believe someone has broken their word on an agreement, conspired with others to do yourself or your business harm, sold you a lemon of a car or boat, your claim falls under the general heading of civil litigation.

The first important decision if you believe you have been wronged is to decide if your claim is worth bringing. This decision requires a dispassionate assessment of the facts necessary to prove your proposed claim, the availability of the necessary evidence to prove those facts and, most importantly, a frank cost/benefit analysis. Is it worth it?

If you find yourself defending a civil claim, your opponent has already decided to threaten and/or bring a civil claim against you. Here the first important decision is how best to set the stage to bring the claim being made to an end. This requires an assessment of the facts necessary to have the claim dismissed, the availability of the necessary evidence to succeed on a dismissal application and once again a frank cost/benefit analysis. Is it worth getting rid of the claim now through a negotiated settlement even if you believe you are in the right?

The lawyer’s role is to know what facts need to be proved, the availability of the necessary evidence to prove those facts, and to provide a clear and balanced cost/ benefit analysis that will light the path for making good decisions on how best to proceed. The lawyer should always be open to creative solutions while at the same time having a clear strategy for fighting out the claim in court.

I have over 40 years of experience making these assessments and helping clients make good decisions when faced with the need to bring or defend a civil claim.