Need help with Litigation? Part II

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1. How can I assist my attorney if I am sued?

Make sure you maintain accurate records and that you keep copies of all documents relating to your matter.  The more information and documentation that you can provide to your attorney, the better off you will be.

2. Who determines the geographic location where my lawsuit will be heard?

The location of your lawsuit is known as the venue.  Venue can be proper in more than one county, depending upon where the plaintiff and defendant reside or conduct business, and where the underlying claims first arose. The party commencing the lawsuit generally dictates where the proceeding will be conducted.

3. Can I be forced to arbitrate or mediate my claims?

Generally speaking, absent a contractual requirement to arbitrate or mediate claims, a person may not be compelled to do so.  Depending upon the circumstances of your matter, however, it may be in your best interests to proceed with some form of alternative dispute resolution, such as arbitration or mediation.

4. Can I be forced to settle my claims prior to trial?

No one can force you to settle your claims if you do not wish to do so.  However, depending upon the circumstances of your matter, it may be in your best interests to do so.  Any decision on whether or not to settle your claims should be evaluated thoroughly with your attorney.

 

Keith J. Singer is a partner at Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Einiger, LLP. Mr. Singer is one of the firm's senior litigators. He is involved in all facets of the litigation practice, including commercial and corporate litigation, matrimonial and family law, securities litigation, employment discrimination, and collection matters. Mr. Singer also has extensive experience with matters under the Transportation Law, Business Corporation Law, Lien Law, and Alcoholic Beverage Control Law of the State of New York. Mr. Singer's unique and substantial litigation background enables him to manage all aspects of complex litigation matters from inception through discovery and trial. His extensive experience also includes briefing and successfully arguing numerous appeals before the Appellate Divisions of the First and Second Judicial Departments. Mr. Singer received his J.D. from Hofstra University School of Law, where he was an Editor of the Labor Law Journal. He is admitted to practice in the States of New York and New Jersey, as well as the United States District Courts for the Eastern and Southern Districts of New York, and the District of New Jersey.