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Factors to Consider Before Filing a Civil Lawsuit

An attorney has a role as an advisor and a counselor to his or her client. The attorney has a responsibility to explain the adversary process to the client. The American legal system is an adversarial one, meaning that the attorneys for disputing parties present their cases, and a judge or jury acts as the neutral decision-maker. The parties' attorneys are advocates for their clients' positions. The advocates use the facts of the case and the law to present their party's claims in the most favorable light. This article discusses the attorney's role in litigation planning. A reputable attorney will honestly review the facts of a client's case and help the client weigh each of the following considerations before deciding to file a lawsuit.

Court Personnel

The persons involved in a trial, besides the parties, include the judge, clerk of the court, court reporter, bailiff, staff attorneys, clerks and lawyers.

A Court's Authority to Resolve Disputes

The framers of the United States Constitution separated the functions of government among three separate branches of government--legislative (the Congress), executive (the President), and the judiciary (the courts). The goal was to provide a system of checks and balances among the three branches so that no one branch could become too strong. Each branch of government has certain powers, and these powers are limited by another branch.

Scientific Evidence

Scientific evidence is demonstrative evidence or evidence that is introduced to prove a fact by some mode other than oral testimony. Scientific evidence is obtained by using the scientific method, a process of scientifically investigating physical evidence. The information obtained is considered valid since it has been tested. Any scientific evidence that is admitted during a trial must be both relevant (tends to prove or disprove the factual matter being considered by the court) and reliable or trustworthy. Handwriting analysis, fingerprint and footprint analysis, DNA analysis, and lie detector test results are all examples of scientific evidence. Generally, an expert witness is called to testify about the reliability of the scientific evidence sought to be introduced at trial.

Problem-Solving Courts

Problem-solving courts were developed to handle recurring cases, especially in the areas of domestic violence, drug-related offenses, and crimes involving mentally ill or mentally disabled individuals. Problem-solving courts use a therapeutic justice model, emphasizing treatment of the underlying problem. They seek tangible results for victims, for offenders and for the general public. They coordinate with public agencies and community organizations to offer treatment as an alternative to incarceration.