When does it make sense to file a lawsuit?

This question comes up often, and did so again recently when our firm received a query from a man who was ready to invest $2,500 in pursuing a lawsuit in which the most he could be awarded, if he won, was $3,600.  His anger about the offense against him was driving his thinking.

With such a small margin, the first thing that needs to be considered when deciding whether to sue is how much do you value your time?  In the practice of law, time is measured in dollars and clients must consider the cost of hiring an attorney, but they also should consider the cost of their own time that will be spent briefing their lawyer, providing documentation of their issue and, at certain critical times, appearing in court with their counsel.  The $1,100 this man stood to recoup could quickly be spent by the value he placed on his time, not to mention collection efforts that could follow a judgment.  We advised him that, even with a strong case, he should strongly consider whether filing suit was the right option.

That may sound counterproductive - talking a potential client out of filing a suit, but I can't claim to be so altruistic.  In the end if the cost of the lawsuit, in both money and time, exceeds the amount that may be awarded there is little satisfaction.  Our firm prefers to have satisfied clients who will return to us with their other legal issues and refer others who are in need of legal counsel.

Sometimes, when the margin of value is so small, a potential client will decide to pursue the case on his or her own, becoming a Pro Se litigant.  While out-of-pocket attorney fees are eliminated, there still are costs associated with "going Pro Se."  Court fees are required to even file a suit.  Then there are costs associated with serving the suit on defendant.  Even mileage to and from court, and parking fees can quickly add up.

There also are other challenges to self-representation, which are outlined in a previously posted article, Self-Representation: The Perils of PRO SE.

Like in any profession, there always will be lawyers who will take your case for one reason - the money they will make from you - whether or not the investment in a lawsuit is worth the potential payoff.  If your home, your welfare or that of your loved ones, or your business or livelihood are at risk, find an aggressive law firm who will pursue your claim.  If not, think hard about your options, even contact our firm to determine if you have a case and what the potential value of a win might be, and make your final decision from both your head and your heart.