To Sue or Not to Sue
ADAM G. RABINOWITZ, ESQUIRE
Moore Rabinowitz Law
1776 North Pine Island Road, Suite 102
Plantation, FL 33322
The decision to pursue litigation may seem easy when you are emotionally charged and your feelings are sore. Unless you are a litigation veteran, there are many aspects of the litigation process which can be complicated and expensive. Before you file a lawsuit, you should consider the following:
• What is the remedy you seek?
Lawyers have the power of the pen. Filing a lawsuit may seem like the best option, in particular if you feel like someone has “wronged” you. Keep in mind that a civil court cannot resolve bad feelings. When considering whether or not to pursue litigation, you should ask what you are trying to achieve. If you are seeking an apology, or if you are only filing a lawsuit “out of principal”, make sure you take into consideration that the time and expense involved will still not get you an apology.
• How much time and money do you need to achieve the desired result?
Before COVID, an average lawsuit filed in Circuit Civil Court took approximately 1-2 years to resolve. The filing of a lawsuit is followed by extensive discovery, exploration of resolution through mediation, and ultimately trial if the action is not resolved. Even if the evidentiary grounds seem to warrant a summary disposition, courts are governed by rules which favor a trial on the merits of the case. The process is lengthy and the expense is great.
• Who will be your legal advocate?
Like the practice of medicine, the practice of law is very diverse. There are many areas of law and over a hundred thousand lawyers in Florida to choose from. When selecting legal counsel, make sure the person you select is qualified for your specific matter. Do not choose someone to be your “cheerleader”, but rather an attorney who will provide you with straight talk. The attorney you select can be just as important as the claim you are pursuing.