I've Been Sued...Now What?

The doorbell rings and standing before you is a process server. Your heart sinks as you open the envelope to discover you have been sued and are now a Defendant in a civil lawsuit. What do you do?

Review the Complaint

Start with a thorough review of the complaint. The person suing you is typically called the “Plaintiff”. What does the Plaintiff want and what did they allege you did wrong? There may be multiple “Counts” of the complaint, or separate legal theories for the relief or damages sought by the Plaintiff. For example, you may receive a complaint alleging a breach of contract, but there may also be claims for breach of implied covenants within that contract, for fraud or breaches of fiduciary duty. What is the “relief” sought — money damages or is the Plaintiff asking the Court to issue an order for action (i.e. specific performance of the contract, rescission of the contract, an injunction or temporary restraints), or both. Finally, if it is a New Jersey State court action, what Court was the action filed in — “Chancery Court”, which typically addresses those requests for action, real estate disputes, and matters requiring immediate equitable relief; the “Law Division”, which also has equitable powers but handles general civil matters seeking monetary relief; or some other court such as the Special Civil Part (damages less than $20,000) or Landlord Tenant Court.

Find an Attorney

Once you have a good understanding of what is alleged, who is alleging it and the Court in which they seek relief, you are prepared for your consultation with an appropriately skilled attorney. How do you go about finding this attorney? There are many online resources and search engines which will allow you to find attorneys and if money is no object, large firms have their benefits. However, for most a small or solo firms may be ideal particularly as most have a tested referral network and can send you to the right attorney for your matter. For example, since our law office handles litigated estate, real estate, breach of contract and legal malpractice matters, we refer out any matrimonial and personal injury matters.

Once you have the name of a few appropriate attorneys, do your research. Use the internet to search for reported cases in which the attorney appeared; delve into the attorney’s website to ensure their dedication to their practice and business. Ensure you can discern their skill set and that they do not appear to be an expert in “everything”.

Next, call a few offices and note how are you received — how does the staff assist you on the call? Don’t be afraid to walk in and determine whether the office is in order and appropriately staffed. Attempt to set a meeting with the lawyer to discuss your case. You should be asked to provide the names of the persons involved in your dispute for a conflict check (you don’t want to hire an attorney who may represent the Plaintiff or an adverse party in another action). Provide the attorney with relevant documents and the Complaint ahead of time. When you meet with the attorney, are they receptive – do they listen, do they have a command of the facts and a game plan, such as asserting in a counterclaim against the Plaintiff any claims you may wish to assert?

Understand the Fees

Make sure you have an understanding of typical fee arrangements – hourly rates, blended rates, contingency fees. This is critical because in civil litigation, generally, each party is responsible for their own attorney’s fees, and litigation is very expensive. Does the attorney see a way to recoup these fees — is there a statute, rule, or cause of action in the counterclaim which may allow it? What is the initial retainer payment required and how is it replenished? When does billing come out and what are the payment options?

It is our hope that these steps and questions will help you to hire a lawyer with whom you can establish a relationship of trust based on communication, collaboration, and results. If we cannot help you, we are happy to help you find that lawyer. You can get through this with the right team and guidance!