Investigating Facts of the Case / Assessing Liability

If possible, I like to meet my clients in person and conduct an in depth interview relative to the facts of the case.  I also ask that the client give me all relevant documentation at the very outset.  In a simple case, such as an action on a note, to which the only known defense is non-payment, an assessment of the “likelihood of success” may be a relatively simple inquiry.

However, in a more complex matter, such as a multi-party claim, there may be serious liability issues that require analysis.  Also, in reviewing the relevant documents, I may notice provisions that will guide our future course of action.  For example, is there a “choice of forum” clause in the contract that requires suit in a particular court, perhaps out of state?  Is there an arbitration or mediation clause requiring the filing of arbitration or mediation before a specific body in a specific location?  Is there a statute of limitations issue? Are there individuals who may be personally liable for the claim?  Undoubtedly, as the case progresses, one learns more of the facts.  However, it is important to have as much information as as possible before you decide how to proceed.

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