Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Everand Logo

Welcome to Everand!

  • Discover millions of ebooks, audiobooks, and so much more with a free trial

    Only $11.99/month after trial. Cancel anytime.

    How to Survive Protracted Litigation
    How to Survive Protracted Litigation
    How to Survive Protracted Litigation
    Ebook211 pages1 hour

    How to Survive Protracted Litigation

    By Claudia Barber

    ()

    Read preview

    About this ebook

    The legal system was not designed for the economically disadvantaged. Yet, we ask citizens to use this system every day in spite of its shortcomings. If you have been sued or need to sue to seek legal redress, this book is for you. It will guide you through some of what to expect, and further explain why the system does not render justice every

    LanguageEnglish
    PublisherKingdom Publishing
    Release dateJul 4, 2024
    ISBN9781947741966
    How to Survive Protracted Litigation
    Author

    Claudia Barber

    I have served for five years as an employment relations administrator for the City of Annapolis, I have seen firsthand the transformative effects of well-structured summer paid intern programs. My experience coordinating these programs, my background in law, and my recent recognition as a 2024 Lawyer of Distinction have equipped me with unique insights into the practical and legal considerations involved in these initiatives. My dual expertise has been instrumental in designing programs that comply with employment laws, but more importantly effectively engage young people with needed social skills to be prepared for future employment. Students are trained how to write a resume with no experience. They are also taught during the Summer Intern Program Modules, how social media content impacts job interviews and getting jobs.

    Related to How to Survive Protracted Litigation

    Related ebooks

    Litigation For You

    View More
    View More

    Related podcast episodes

    Related articles

    Related categories

    Reviews for How to Survive Protracted Litigation

    0 ratings

    0 ratings0 reviews

    What did you think?

    Tap to rate

    Review must be at least 10 words

      Book preview

      How to Survive Protracted Litigation - Claudia Barber

      Preface

      James Baldwin once critiqued the United States criminal justice system (n.d.):

      If one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected...and listens to their testimony.

      These words resonate today. That is why I dedicate this book to the many nameless, faceless voices who deserve better.

      Imagine being incarcerated for decades for a crime you did not commit. This book focuses, however, on those who find going through the civil legal system an insurmountable, daunting, and overwhelming task. Some of you are overwhelmed by the cost of litigation and hiring influential counsel to win your case and may be perplexed with why a system that should be accessible to all has so many hurdles to accessing justice. Finding funding to finance litigation is discussed.

      This book further explains some court changes with self-help resources and law libraries. But that does not necessarily change who you may face in a courtroom and how that individual presides over a case. In this book, we share the differences between good and bad judges. For example, how is it that a judge who used a stun gun on a defendant was allowed to make it to the judiciary? We don’t have the answers to this, but we understand how such a system that will enable this to happen remains in place.

      Another question is why the judiciary isn’t filled with the most brilliant legal minds to adjudicate cases fairly. For example, Equal Justice Initiative Executive Director Bryan Stevenson is an ideal choice for someone who should be serving on the U.S. Supreme Court. How can someone with such a brilliant legal mind and who has orchestrated cases causing the release of many wrongly convicted individuals not be considered for the highest judicial office in the land? It is time for the undervalued, marginalized population to be vocal about this.

      The discussion also addresses the power of voters to elect fair judges. Just because sitting judges create signs telling you they are fair does not mean that is the case. We share briefly the election of judges and how that happens.

      I am uniquely qualified to write this book because I have experienced injustice in the judicial system. I understand the politics of everything and the deficiencies in our legal and judicial system. I illuminate many injustices, including the rarity with which the U.S. Supreme Court hears many important cases brought before it. I hope you finish reading this book and never underestimate your voting power in electing the right judges to adjudicate cases fairly.

      Chapter 1:

      A Judge’s Perspective on Why People Sue or Are Sued

      Understanding why people sue one another requires insight into the multifaceted nature of human interactions and the legal principles that govern them. From the vantage point of a judge, the courtroom is a microcosm of society’s complexities, conflicts, and aspirations for justice. Lawsuits arise from broken promises, perceived injustices, unintentional harm, and deliberate wrongdoing. As a neutral arbiter, a judge encounters diverse cases, each shedding light on why individuals and entities find themselves entangled in legal disputes. This perspective provides a unique vantage point on the driving forces behind litigation, the societal norms at play, and the human behaviors that lead to legal actions. By examining these underlying factors, we gain a deeper appreciation for the judiciary’s role in resolving conflicts and upholding the rule of law.

      Anyone Can Be a Litigant

      In the modern world, the principle of equality before the law is a cornerstone of democratic societies. The idea that anyone can be a litigant, regardless of race, creed, color, or religion, underscores the fundamental right of access to justice. This principle is enshrined in various national and international legal frameworks, promoting a fair and impartial legal system accessible to all.

      Federal Judges Have Filed Lawsuits

      In October 2012, the U.S. Court of Appeals for the Federal Circuit ordered Congress to pay federal judges six years of back pay (Holland, 2012). Another group of federal judges brought a class-action lawsuit to ensure that all of the federal judges who also missed out on their cost-of-living increases get their just compensation after the success of the previous lawsuit.

      It’s a touchy subject: One set of federal judges essentially asks another set to approve salary increases for everyone. Though, of course, Congress also ultimately controls its salaries. Congress in 1989 limited federal judges’ ability to earn money outside of their work on the bench and, in exchange, provided what was supposed to be automatic cost-of-living increases to judicial salaries to ensure inflation wouldn’t erode the value of those salaries over time (Holland, 2013).

      Bad Things Happen to Good People

      Some disputes cannot be settled short of filing a lawsuit. Many times, it is because the parties are unmovable in their positions. Whether it is a breach of contract case in which one party promised the other party something and never delivered it or an auto accident in which the parties cannot agree on who is at fault. The amount of compensation for personal injuries and lawsuits is a part of daily life.

      Family Law

      In family law matters, it may be the power dynamics of the relationship. Some men believe they are the head of the household, even if unmarried, and that role carries authoritative rights over women. The parties may clash if women don’t follow that rule of authority. It may involve physical or verbal abuse or both. Such abuse may lead to the need for a peace order or protective order (Vogeler, 2019). Such protective orders in many jurisdictions are temporary. But you must know the law to prevail in these types of proceedings.

      Many family law matters, such as lawsuits for custody, involve deception. The parties may not see it, but the judges presiding over these cases do see tit-for-tat behavior (Schepard, 2000). For example, suppose the parties do not have a custody order, and the separation just occurred. In that case, one parent may seize the opportunity to take the child away from a daycare before the other parent knows about it, which usually prompts emergency custody filings. Accusations of kidnapping and child abuse may then surface. The party who loses this custody battle feels disrespected and seeks revenge. This disrespect and revenge may play out in different ways. Some resort to violence. Others resort to tactics such as protracted litigation to outspend the other side.

      Some parents refuse to pay child support. They would instead negotiate a deal to have joint and shared custody, where the child or children are with both parents for an even amount of time each week (O’Brien, 2021). The problem with this idea is that parents’ work schedules may clash, or one parent may move away for a better position. Then the custody battle continues or falls apart. More changes in custody filings are likely. Some visitation battles are about keeping children after the visitation period ends in a custody order. Such battles again raise disrespect or even bullying and defiance of court orders.

      Employment Disputes and Corporate Governance

      Employment disputes come in many varieties. Some bosses can be overbearing or micromanaging to the dislike of subordinates.

      Strong biases among many hiring officials affect how or whether they hire, promote, demote, or evaluate employees favorably or unfavorably. Incidents such as negative evaluations, firings, demotions, or employee misconduct such as sexual harassment may result in lawsuits based on wrongful discharge, sex or gender discrimination, constructive discharge, or breach of the employment contract (Pandya, 2012). Litigation may ensue if a settlement agreement is reached and later breached. This type of breach could involve a party paying liquidated damages for breaching a confidentiality provision of a contract or involve a party indemnifying another party for breaching a nondisclosure agreement.

      Millions of employers do not follow labor laws. They disobey laws by paying employees less than minimum wage, failing to pay employees overtime, using employment tests to exclude minority candidates who are otherwise qualified, terminating women who are pregnant because they are pregnant, etc. (Raghunandan, 2021).

      In corporate governance matters, parties file lawsuits without succession plans, and leaders may disagree on who should succeed (Lederman, 2007). Churches file such disputes when a pastor dies, and there is no plan for future leadership.

      Other examples of corporate battles include minority shareholder derivative suits. These are legal actions brought by shareholders on behalf of a corporation against its directors or officers, typically for misconduct such as breach of fiduciary

      Enjoying the preview?
      Page 1 of 1