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Friday, February 21, 2014
Deciding whether or not to file a lawsuit involves more than answering “yes” to whether you have been wronged.  Many other factors must be considered before you pull the litigation-trigger. For starters, how much money are your really out because of someone's wrongful action?  How much money do you have that you are willing to put into fighting a legal battle?  How much time and energy do you really have available to commit to litigation?  How much time and energy does your family have available to commit?  What are your goals?  What are the risks?  Is there a solution other than litigation that could meet your goal?
 
It is natural that you would be really angry shortly after being wronged.  But, jumping head-first into lawsuit may not be the best option.  Your frustrations caused by someone else doing you wrong will not go away just because your find an attorney willing to file a lawsuit.  It may be that such an attorney wants your more than they want to help you resolve your situation. 
 
Litigation is intrusive, time consuming, expensive, and unpredictable.  And, it may not be the answer you are really looking for. 
   
Get help deciding whether pursuing a lawsuit is the best thing for you.  There are other options.  Contact the attorneys at Jones & Swartz PLLC today to discuss what options may be the most productive for your end goals.   
Posted by eswartz at 2/21/2014 11:49:00 PM
Saturday, February 1, 2014

The passage of time has the universal affect on memory – details fade and people remember things differently.  Legal battles often arise and center on parties fighting over what actually occurred way back when.  Archiving events of the past play a pivotal role in avoiding, or prevailing in, legal proceedings.  Simple steps such as drafting and sending letters or emails to follow up and summarize phone conversations at the time they occur, or preserving important documents can help you avoid a legal dispute. 

And, if the dispute cannot be avoided, properly captured history will help a judge or a jury understand what occurred way back when.  Properly captured history helps takes the guess work out of faded memories.  It also helps a judge or a jury to re-live the event.  If you become a party to a lawsuit, you stand a better chance of winning if you can show and tell a judge or jury what occurred.  

Posted by eswartz at 2/1/2014 4:55:00 PM
Friday, November 22, 2013
As the old adage goes, an ounce of prevention is worth a pound of cure. There is no other place that this rings more true than in the formation of a business relationship. Taking a moment or two to outline the details is an important step and can prevent a long and drawn-out legal battle in the future. While it is nearly impossible to anticipate every potential problem, problems nonetheless should be expected to arise, and problems usually involve having to hire an attorney.   Addressing who should have to pay for attorney fees, and under what circumstances is worthy of consideration when forming a business relationship.   
In Idaho, the general rule is that each party to a lawsuit has to bear their own attorney fees.  Idaho law recognizes two exceptions to the general rule: (1) if a statute involved in the lawsuit provides for attorney fees; or (2) if the parties’ agreement at issue in the lawsuit provides for attorney fees.  Attorney fees by statute are limited to certain circumstances. Attorney fees by a provision in a contract can provide for attorney fees on your terms.   Even if the parties agree to arbitration, without a provision in the parties’ agreement providing for attorney fees in arbitration, not even a successful party to the arbitration will be able to get their attorney fees reimbursed.
While thinking about and planning for destruction at the time that you are trying to create something seems counter intuitive, if you put in a little effort into preventing a problem, you will not have to put in a lot of effort into solving the problem should it arise later. Attorney fees are a problem that can, and should be addressed in every agreement.    
Posted by eswartz at 11/22/2013 5:40:00 PM
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