Q. I hired a plumber to repair my leaking faucet and he not only did not repair the problem, he made it worse. Before I realized it, I had already paid him. Can I bring a claim against him to get my money back?
A. Anyone can bring a claim for almost any reason. However, just because someone can sue doesn’t mean that their suit will ultimately be successful. We have all heard about a frivolous case that was filed. Most times, those suits end up being dismissed and sometimes, the court awards the defendant damages to compensate them for their lost time. As a result, it is very important for citizens to only bring suits when they have been wronged; this saves the court time for people who really need the assistance. The case you ask about sounds like it is well suited for the Justice Court or J.P. Court. This court is sometimes referred to as the Small Claims Court it is much like TV’s People’s Court.
Q. What is the Justice Court and who can bring claims there?
A. Anyone who resides in the jurisdiction of the court can bring a claim there. Justice Courts allow citizens to bring their own claims without the assistance of a lawyer. Though this is allowed in every court in Texas, the judges in Justice Court are used to unrepresented litigants and oftentimes are not lawyers themselves. The drawback is that J.P. Court judges can only award $5,000 and the costs of the suit. No matter how right a plaintiff may be, the judge is unable to award more than that amount. Also, J.P. Court judges can not order injunctions – a legal document that requires a person to do something or to stop doing something. On the other hand, J.P. Court’s are the court where most eviction cases must take place. In any event, before someone proceeds with an action in J.P. Court, or any other for that matter, they should attempt to settle with the other party. Many J.P. Court judges require parties to send written demands to the other side before they can bring their lawsuit.
Q. My case is serious enough that I need a lawyer. The damage done by the faucet was well over $5,000. How should I go about hiring one? Should I call those lawyers who advertise on T.V.?
A. You should call me. Just kidding. You are welcome to call me and perhaps I can assist you or at least refer you to a good lawyer with experience with cases like yours. You can always do what most people do and that is check with their friends to see if they know a good lawyer. You need to be asking for a trial lawyer or plaintiff’s lawyer so that you can be sure you are getting a lawyer with experience in the type of matter you have. There is no difference between an attorney at law, counselor at law, and a lawyer. Some people call the lawyers who advertise on television and others call lawyers with the largest ads in the Yellow Pages. Is this a good idea? The truth is there are great lawyers everywhere. Sometimes calling those sources will find you a great lawyer. Oftentimes, these advertisements are for lawyers who only refer cases and as a result, you may not get personal treatment. You should go with a lawyer who has the time to talk to you, for free, about your claim and its viability. If none of this works, try calling one of the many Bar Association lawyer referral hotlines.
Q. Where will a lawyer bring my claim and what kind of fees should I pay?
A. Lawyers typically file suit in State County Court at Law, State District Court, or Federal District Court. Sometimes matters are filed in State Probate Courts. The answer to the fee question depends upon the type of claim and the damages involved. Many people have heard of the contingency fee contracts. These lawyer/client agreements give the lawyer a percentage (usually 40% if a lawsuit is filed) of the recovery before or after expenses are deducted from the ultimate award. Under this arrangement, the lawyer fronts all of the money needed to build the case like experts, filing fees, investigators, and more. If you win, the lawyer deducts those expenses from the award and gives you a percentage and gives herself a percentage. If you lose, the lawyer and you both take nothing and the lawyer is out the expenses on the case. As a result, lawyers only take cases that are likely to be successful so as not to waste valuable resources. If you find that lawyers are not offering to take your case on a contingency fee agreement, then you should be cautious that your claim may be difficult to win. If you still want to proceed, you could end up paying anywhere between $85-$500 per hour, depending on the amount of experience a lawyer has. Also, on hourly cases, most lawyers will want several thousand dollars up-front to draw their hourly fee from so that they can ensure they will get paid.
Q. I have been to see several lawyers about my claim and none of them will take the case on a contingency fee agreement. My claim is over $5,000 so I can’t bring it in Justice Court and I can’t afford the $175 per hour the lawyers want to charge me. Is there anything I can do?
A. As I mentioned, anyone can bring a case in any court. You can file your own case in District Court, for example. Most litigants who represent themselves in these courts, do not have a good result, and the time you lose from work along with the stress may make it not economically feasible. There are many reasons it is difficult to find a lawyer to take a case on a contingency agreement. Some lawyers will tell you their reasons for not taking your case and others will not. Sometimes the damages are too small for the lawyer to make a large enough fee to justify the time a lawsuit will take. Other times, the law or facts are not on the litigant’s side. Then other times, the lawyer just doesn’t want to handle that type of case even if it is a good claim. If you have been wronged or seriously injured, you should visit at least three lawyers who describe themselves as trial lawyers before you give up.
In the upcoming months, Courthouse Steps will attempt to expand on some of this issues raised here such as how to bring a claim in a Justice Court, what to do after an auto accident, and how to preserve evidence and prepare your claim for a lawyer. Until, I hope this effort has answered some of the most often asked questions regarding the unfortunate lawsuit.
