How do I know if I have a good case?

 

You should consult with a paralegal or a lawyer.  In most cases, the three things to look at are winnability, collectability and affordability.

 

INTRODUCTION

This is perhaps the most common question we are asked and it is one of the reasons that we provide free initial consultations.  It is important to prospective litigants to know if they have a case that is worth pursuing or not.  For Defendants, it is similarly important to know if they should be fighting a case all the way or settling at the earliest opportunity.  With all that being said, there are essentially three things we look at when assessing a case.

WINNABILTIY

This is one of the first things we look at when someone gives a call.  We listen to the fact situation, apply appropriate legal principles and then make a determination as to the chances of success.  This is not always an easy process especially when complex contracts are involved or obscure legal principles.  In some instances, we may not be able to provide a comprehensive assessment unless actually retained to review documents or conduct some legal research.  Furthermore, providing assessments is an ongoing process and our assessment of a case could change as more information becomes available or we are presented with conflicting facts or law from an opposing party.

In any event, an experienced paralegal should be able to provide you with a winnability assessment in most cases during an initial consultation.

COLLECTABILITY

While not always thought of in advance, collectability of a judgment can be just as important as winnability of a case.  There may be little point in pursuing litigation if an opposing party is insolvent, lacks assets or is of disreputable character.  For example, a small corporation that has only existed for a year, is no longer active and has no assets is not a good candidate for collecting on a judgment.

While we can’t predict the future or know all of the answers, we do actively explore with prospective clients the probability of being able to collect on a judgment should one be obtained.

AFFORDABILITY

While not necessarily a determining factor in commencing litigation it may be a factor in deciding whether one should retain representation or not.  Typically, clients may spend $1,500 to $2,000 with us.  Consequently, it would not be cost effective to retain us to pursue amounts equal to that or less (see also our question on “Can I recover all of my legal fees?”

In situations where the amount involved is less than $5,000 a prospective client may wish to retain us just to draft a claim or a defence and thereafter attend a settlement conference on their own.  We can often provide tips on how to handle settlement conferences.

The more a claim is over $5,000 the more cost-effective it becomes to hire a paralegal.  The rules regarding the recovery of legal fees are that the court may award up to 15% of the claim amount to a successful litigant should the matter proceed to trial.  On a $35,000 claim that works out to $5,250.