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 Choosing a lawyer to represent you is a very important decision. The difference in the amount of money that you may recover can be substantial. The best lawyer is not typically the loudest or the one that makes himself seem the most aggresive on television. When a lawyer has a reputation for being able to try cases and a reputation for being prepared that is much more intimidating to the other side than a lawyer that yells. In many cases Stephen Foster will take a case on "contingency". Which basically means that the client does not have to pay any money until Stephen Foster gets them money. Ideally, Stephen Foster likes to have the person that wronged his client pay his attorney's fees so his client can keep as much money as possible. Different types of cases have different rules for getting money from the other side for attorney's fees. Always discuss the possibility of getting the other side to pay for your lawyer with your lawyer. Stephen Foster does not yell at the other side's lawyers in an attempt to demonstrate toughness. That really doesn't typically occur, anyway. Stephen Foster prefers to prepare the legal and factual elements in his case calmly and demonstrate to the other side's attorney that giving his client money is in their best interest. If a good trial attorney is prepared and ready for trial there is no need to raise their voice. Every case requires thorough preparation. Perhaps nowhere is preparation more important than when suing a stock broker or investment advisor for fraud or mismanagement. These types of cases require an in depth understanding of what occured and how it fits into the current law. Sadly, more and more cases are being discovered where a stock broker or investment advisor did not put the interest of their clients first. When a stock broker or investment advisor does not treat their clients correctly they deserve to be sued, pursued aggressively and damaged financially enough that they never take advantage of another person. Often when people have been cheated, lied to or deceived they are afraid to pursue a lawsuit. Sometimes they think that they could never win against a rich and powerful opponent or they worry about filing a "frivolous" lawsuit. When people don't stand up for themselves it encourages sloppy or fraudulent stock brokers and advisors to continue business as usual. Many civil cases involve contracts. These contracts might be enforceable or they might not be. They might be fair or not. Depending upon the specific facts of a case a contract might be "void" which means that it is legally irrelevant. Alternatively, a contract might be "voidable" which means one side has the ability to decide whether it should be followed or eliminated. Even though there might be a contract in place there are many reasons why it might not be enforceable. If a person has a "lack of capacity" then contracts might not be enforceable against them. "Lack of capacity" means that they are too young to enter into a contract or they are mentally unable to do so. Depending upon the situation, the contract might be voidable at the option of the young or incapacitated person or the contract might be fundamentally void for all purposes. Contracts can be thrown out if they are obtained using misrepresentations. Even though a contract looks good on its surface, if it was obtained with misrepresentations or lies then there is a chance that it can be ruled unenforceable. The question of what is a misrepresentation or simply advertising or "puffery" can be subtle and doesn't always seem logical. In some cases millions of dollars are won or lost based on interpretations of what is or is not a misrepresentation. "Nondisclosure" is another way a contract can be unenforceable. Nondisclosure is basically misrepresentation through silence. There is a great deal of complicated caselaw that describes when there is and is not a duty to say something. There are many exceptions to this and it is important to make sure that you understand how the law will interpret the individual facts of any given situation. A contract signed under "duress" is not enforceable. If a contract is only signed as a result of a threat it is said to be signed "under duress". Duress can be a physical threat but it can be much more subtle than that. Duress can also be emotional or economic. There are centuries of caselaw that defines what duress is and what duress is not. Some contracts can be voided because they are so unfair that they are said to be unconscionable, which means so unfair that the contract can not be allowed to remain as it is. Some contracts can be unenforceable because they are against public policy. Other contracts are eliminated because they are a result of a mistake or are simply impossible to perform. Many civil cases are won or lost during the process of discovery. Discovery is the part of a law suit that involves the exchange of information between the parties of the lawsuit. The rules about what information needs to be given to the other side and what information does not need to be given to the other side is complicated and constantly changing. Lawyers spend years learning how to evaluate a case. If you you feel like you have been hurt, injured or cheated contact a lawyer immediately. Maybe you have a case and maybe you don't. Talk to a lawyer and find out. It is always better to know than to wonder. Most reputable attorneys will give you a free consultation so you can know your rights. Stephen Foster has been sucessful in the past getting his clients money, but that is no guarantee of future sucess. Every case is different and careful examination is required to figure out how much money can be obtained. Whether you have been injured in a car accident, are a victim of medical malpractice, or simply have a legal question please feel free to give us a call. If we don't handle your type of case, we will not ignore you, we will make sure we find you someone that does. If you have a legal question or situation of any kind, don't hesitate to call 210-222-1117 in San Antonio or 1 (888) S-A-LAW-88 toll free nationwide. Stephen Foster will help you, or find you another top attorney that will. |
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Civil Litigation basically means fighting over money. That's an oversimplification, but it is accurate in over 99% of cases. Most people hate the idea of being involved in any sort of a lawsuit but if someone has been cheated or injured and the person responsible is not taking responsibility then filing a lawsuit can be necessary. Copyright © 2008. All rights reserved.