A breach of contract case involves one party to a contract failing to meet their responsibilities under the agreement. For a breach of contract case, search for lawyers who focus business law and contract litigation. If your case is related to an issue with your employer, such as workplace harassment, you should look for an attorney that focuses employment law. If you were injured because of someone else’s negligence, and you to suffered damages because of the negligent conduct, you should look for a personal injury lawyer. [1] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Personal injury cases may include car accidents, malpractice, or injuries suffered in an assault. [2] X Research source If your injury occurred while you were at work, the personal injury attorney may refer you to a worker’s compensation attorney or handle the case jointly with them. If you are unsure of what type of case you have, look for a general practice attorney. These attorneys handle a variety of different kinds of cases and may handler your case herself or refer you to another lawyer. [3] X Research source
Referral from friend or family member who used the lawyer and was happy with how the lawyer handled the case. Local and state legal associations usually have a referral service that can link you with local attorneys. You can also use state bar associations to find out if any complaints were filed against your prospective attorney. You can find a state-by-state list of attorney referral sites here: https://www. americanbar. org/groups/legal_services/flh-home/
Check with state bar associations for complaints against your prospective lawyer. Read their website for its content. Determine whether they attended a good law school. Read reviews about the lawyer.
Bring copies of any relevant documents that you have. Discuss the fees and services related to the case. Discuss the lawyers experience in your type of case. Discuss how long the process takes and what is involved. Ask for a contact name and contact information for the person who will keep you informed about the case when the lawyer in unavailable. Honestly share all of the information you know about your case. Take notes during the meeting. [4] X Research source
That the agreement is written down and signed by you and the lawyer. Ask if the lawyer ever had a relationship with any of the other parties to the case. Is the agreement specific about what work the lawyer will do and how much it will cost? Does the agreement set forth how disputes between you and your lawyer will be handled? Does the agreement describe how you can fire your lawyer and what will happen if you do?[5] X Research source
If you are under 18, you will need a guardian to participate in the lawsuit. If you are judged to be mentally incompetent because of age, disability or illness, you will need a guardian, trustee or executor to participate in a lawsuit. [6] X Research source
For example, if a person or entity caused you physical harm, didn’t hold up their end of a contract, or didn’t pay you what you were owed then you may have legal standing to sue. [8] X Research source
Cases that arise under federal law, such as those concerning federal civil rights statutes, patent laws, antitrust laws, federal tax claims, or constitutional issues. [10] X Research source Cases in which the plaintiff is suing a defendant who is a citizen of a different state or country for an amount over $75,000. [11] X Research source If you are unsure whether to file in state or federal court, or which state to file the suit in, talk to an attorney. [12] X Research source
The court is located in the county in which the defendant resides or does business. The court is located in the county in which the harmful actions occurred. The court is located in the county in which a violated contract was signed or was to be carried out. In cases in which multiple venues are appropriate, choose the one that is most convenient to both you and the defendant, or talk with your attorney about which one they think would be best. [14] X Research source
A caption on the first page. The caption identifies the parties in the lawsuit, the name of the court where the lawsuit was filed, the lawsuit/case number and information identifying the type of document. Your complaint should be typed, double spaced and printed on 8. 5 in × 11 in (22 cm × 28 cm) paper. An introduction to your document that includes the names of the defendants and describes who they are and how they are related to the cause of action. A request for a jury. If you want your case to be heard by a jury, you must write that in your complaint. Typically, courts will also expect you to include a brief explanation of why the court has subject matter jurisdiction and venue. You must include a statement of facts in numbered paragraphs and in chronological order. You should also describe the conduct of the defendant, i. e. what the did or didn’t do that gave rise to your injury. You should set forth your legal claims/causes of action such as negligence or breach of contract. You should also identify the specific laws that you are relying on to bring your lawsuit. Include your signature and date. After you have completed your complaint, you must sign and date the document. You should also type or print your name beneath your signature. [16] X Research source
Bring at least one original and two copies to the court clerk. Submit the documents to the court clerk for filing. The clerk will stamp all of the documents as filed, return the copies to you and keep the original. Pay a filing fee. Most courts will require that you pay a filing fee to commence an action. You should bring the fee in the appropriate form to the court at the time of filing. You may also be able to file for a waiver of the fee. [18] X Research source Keep two extra copies of the complaint for your records.
Personal service, which means that a person over the age of 18 personally hands the document to the defendant and fills out an affidavit describing the service. Depending on the state, process servers can include friends, family members, professional process servers, or law enforcement personnel. Service by mail. Many jurisdictions allow you to serve parties to a lawsuit by mail. Typically, you would send the document by U. S. mail, “return receipt requested,” so that you can demonstrate for the court that the document was delivered to the residence of the defendant. [20] X Research source
Attorneys for the parties will send written questions and requests for documents. Your lawyer should meet with you to discuss these requests and draft your response. You may have to sign a verification swearing that you answered the questions truthfully. [21] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source Attorneys will take depositions of individuals under oath. Most often, attorneys will question people who they may call as a trial witness. Witnesses must answer questions under oath and in front of a court reporter.
A person becomes a member of the jury when neither party strikes them as a potential juror.
