Litigation mistakes can occur at any time, from the moment you file your lawsuit to the time the jury goes out to begin deliberations. This list will give you an idea of some of the things that can go wrong.
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Not hiring an attorney. Once a lawsuit has been filed, you will have to deal with a myriad of issues relating to the case itself, including procedural issues for litigation, timing issues, evidence issues, and the trial itself. Litigation is complicated, expensive, and stressful. If you are not up to handling all of these issues yourself, it may be a mistake not to have hired an attorney to represent you.
Not being thoroughly prepared. You are the person who best knows the facts of your case and the issues; however, litigation necessarily requires that you prove your case to someone else — the judge and the jury. You must prepare every aspect of your case fully.
Not being courteous and not maintaining the proper courtroom demeanor at all times. It is important to be polite, courteous, and respectful to all parties, including the judge, jury, court personnel, your witnesses, opposing counsel, the opposing party, and opposing witnesses. You can be certain that the jury and the judge will observe every move you make while you are in front of them. This includes not being overly antagonistic, argumentative, disruptive, or making too many objections in any portion of the litigation. Although litigation necessarily involves two parties with different views on factual events, nevertheless you will be working with the opposing party and opposing counsel for its duration.
Not following the local and state or federal rules. Every state has its own rules and procedures governing litigation. And in addition to every state having its own rules, each county and each courtroom will also have their own rules and procedures. Wherever you litigate your case, it is critical that you be aware of and follow the rules, which, if not followed, will have severe consequences for your case.
