Budget Cuts and Impact on Litigation - Special Education San Francisco


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Budget Cuts and Impact on Litigation - Special Education San Francisco

  1. 1. Budget Cuts and Impact on Litigation
  2. 2. As a litigator in civil rights and special education, it is impossible to ignorethe impact of the state’s budget woes on litigation.
  3. 3. Often, we’re asked “Should I sue”?
  4. 4. When choosing the litigation route i.e. bringing your case to a Judge and/or Jury to decide, there are so manyfactors beyond even the facts of your case to consider. This is because judges and juries are people too.
  5. 5. They represent the people who may have been foreclosed upon, or theperson who just doesn’t like your tie. These folks are potentially yourneighbors or people just like you andyour family. They have preconceived notions and ideas.
  6. 6. Yes, it is true that not all cases can avoid going through the courtprocesses, but often times (and thecaselaw and rules of court suggestthis) the preference is to keep your case out of court
  7. 7. – yes I’m an attorney who makes a living out of going to court – but I’m telling you the cost benefit withbudget crisis in all aspects of our lives makes litigation a true last resort option
  8. 8. Here are just a few things to consider before you ask “Should I sue”?:
  9. 9. 1. Have I tried all informal means ofresolving my case by problem solving, considering alternative solutions to resolve my matter or involving aneutral person with experience in your matters such as an attorney or in special education cases, a mediation only option (no attorneys allowed).
  10. 10. 2. Is there some other process available to me such as an internalcomplaint process, a state or federal complaint process or an internally offered mediation process?
  11. 11. 3. Will my potential for “damages” Ican obtain through a lawsuit be worth the the benefit? This includes yourtime (taking off of work to spend 5-10or more days in court, paying expertsetc.), cost (experts, discovery, copies) and attorney’s fees.
  12. 12. 4. What are the risks of losing and your willingness to appeal your case. In civil rights cases we are seeing ahuge sympathy for “broke” states andstate entities and civil rights are being harder and harder to win making an appeal a much likelier chance.
  13. 13. 5. If your suing simply to vindicate a right, make sure that you have thefinancial and emotional staying powerto fight your case as long as necessary.
  14. 14. This is not an exhaustive list but itwould be doing any person or groupsof persons who intend to sue for civilrights litigation – of any kind – not to advise them of these facts.
  15. 15. The Leigh Law Group represents individuals, families, employees, parents, guardians and children whohave been injured by the unlawful acts of others. As attorney advocates, we provide each client with all options available to them.
  16. 16. When Leigh Law Group acts on your behalf, we demonstrate a strong commitment to your case and are relentless in our goals for seeking remedies and justice.
  17. 17. Specialties include special educationattorney, federal court litigation, state court litigation, disabilty discrimination, disability rightsattorney, and civil rights. Please visit us on the web at http://www.leighlawgroup.com