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Preparing for Civil Litigation

Posted by Clyde Hutchins | Nov 21, 2017 | 0 Comments

After a decade and a half of legal practice, I have some interesting observations about civil litigation. From these observations, I have some practical recommendations on how people can better handle litigation.

Don't take it personally

Some people involved in civil litigation feel that the judge is biased against them when a ruling does not go the way that they hope. Yet, that is the way litigation develops. You win some and you lose some. As the case progresses, various issues come up and the judge has to make decisions. The judge attempts to make decisions that comport with the law regardless of the situation. It has nothing to do with the judge's view of the parties or the strength of the ultimate case. Parties to civil litigation should never take a judge's ruling personally.

Decide whether you are looking for a relatively quick negotiated resolution or are more interested in trial

Harmony Law is always ready to pursue your case to trial. However, civil litigation is not always about achieving justice. More often than not, it is about resolving a dispute. When the parties to a lawsuit are bound and determined that nothing will satisfy them except a strong final judgment in their favor, they should be prepared for the process to take longer and cost more. On the other hand, if the parties are more interested in a practical and quick resolution to the dispute, civil litigation offers a fair forum for reviewing the situation and achieving a complete resolution of the dispute.

Stay in it for the Long Haul

Despite the best intentions of the parties involved, litigation has this habit of stretching out over a long time period. The parties to litigation have to focus on the long term, not the short term. All expectations of a quick victory should be cleared away and the parties should brace themselves for months, or in some cases years of litigation to reach their goal.

If you need someone to represent you in litigation or are thinking of filing suit against someone, feel free to contact Harmony Law for assistance.

About the Author

Clyde Hutchins

Clyde Hutchins is the founder of Harmony Law. Prior to opening Harmony Law, Mr. Hutchins worked in the Wyoming Attorney General's Office for several years where he developed a strong consumer protection enforcement unit. In that position he led over 120 investigations and enforcement actions under the Consumer Protection Act. He worked on numerous joint cases with the Federal Trade Commission and other states, including Colorado, on consumer protection matters. Mr. Hutchins is also a contributing author to Consumer Protection Law Developments, Second Edition. Previous to his work in the Attorney General's Office, Mr. Hutchins was in private practice in Anchorage, Alaska where he was the chief litigator for a firm. Mr. Hutchins represented municipalities on various matters. Mr. Hutchins provided counsel to businesses and investment advisors regarding compliance with securities laws. He was also a bond lawyer and worked on municipal financing matters. Prior to that, Mr. Hutchins practiced civil litigation with a law firm in Cheyenne, Wyoming. Mr. Hutchins devotes his spare time to his family, traveling and enjoying the great outdoors.

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Harmony Law is one of the few law firms in Colorado and Wyoming that focuses on consumer law. Mr. Hutchins is a member of the National Association of Consumer Advocates and state chair for Wyoming. If you have a consumer law issue, please feel free to call 970-488-1857 and speak with Mr. Hutchins.

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