The phrase
"potential litigants" refers to individuals or parties who may have a legal dispute and are considering or likely to file a lawsuit in court to resolve it.
Full definition
These days, the web is teaming with competing attorney websites - all vying for the attention of a limited pool
of potential litigants.
One of the main problem areas is the difficulty that
many potential litigants face in obtaining funding for private actions due to the high costs and high risks involved.
The Global Pound Conference (GPC) report identifies a strong preference amongst
potential litigants for a flexible dispute resolution approach and a focus on collaboration over representation, with in - house counsel being the most likely agents of change.
However, unless we begin this sort of messaging early and frequently, we are unlikely to shift the popular approach to the disputes of separated families, and will continue pouring buckets of money into an inherently inefficient service model with nothing being done to
divert potential litigants from an equally inefficient court system.
As demonstrated in the Georgia Court of Appeals» recent decision in Vidal v. Leavell, the scope of official immunity is quite broad under Georgia law, a reality for
which potential litigants should be prepared.
A common concern regarding judicial fundraising is that donors (which may include lawyers and
potential litigants appearing before a judge) may contribute with the expectation that they will receive future favours in return for their generosity from the soliciting judge.
Direct operational costs of deferential review should be lower too, at least in theory, because fewer cases will be brought
when potential litigants know they are less likely to succeed due to a higher threshold for judicial intervention.
However, the Human Rights Act 1998 has come to the rescue
of potential litigants of NHS organisations by a recent preliminary decision of the Court of Appeal on the duty of health authorities to prevent suicide in Savage v South Essex Partnership NHSFT [2007] EWCA Civ 1375, [2007] All ER (D) 316 (Dec).
The immediate implementation of the EO, especially against green card holders, created a whole class of potential litigants
If the Ed Trust proposal imprudently invites lawsuits from aggrieved parents on a few specific topics, it appears quite restrained when compared to the superhighway to the courtroom concocted by the No Child Left Behind Commission, which offers an unlimited array of statutory language to an unlimited universe of
potential litigants.
It does mean, however, that
potential litigants will need to frame their cases in a way that raises clear legal questions.
Potential litigants should only post things on Facebook that would make their mom proud.
Judge Brown commented that: «The abundance of this ESI in cyberspace means that
potential litigants, in particular organisations such as Banks at the current time, need to anticipate having to give disclosure of specifically relevant electronic documentation and the means of doing so efficiently and effectively.»
Rather, what
a potential litigant has is a right to have his or her claim dealt with fairly and resolved according to law in a manner that is appropriate to the nature and circumstances of the particular case.
The effectiveness and the integrity of this initiative depends on the ability of
the potential litigant and his or her lawyer and other supporters to present the facts of the case and the arguments for pursuing it with accuracy and conviction.
Indeed, trial court judges are given significant latitude in making these determinations, and
potential litigants should make an effort to have pertinent evidence admitted in the first instance.
The potential litigant must pass a three stage test:
That potential litigant must apply to court before they can proceed with their case.
It is expedient because basing decisions on precedent means that
potential litigants have an excellent idea as to what to result to expect.
Requiring litigants to apply for the «impoverishment» exemption is also problematic because it may be «an affront to dignity and imposes a significant burden on
the potential litigant of adducing proof of impoverishment», a burden that will be worse in less «clear cases of impoverishment» (par.
Accordingly,
a potential litigant should always be cautious and find an attorney who understands his or her interests regarding publicity and, moreover, understands the Professional Conduct Rules to which they are bound.
Maclaren also sees a benefit in the CRT using simplified, plain language to explain the law and recourse to
potential litigants.
The «Survey of International Litigation Procedures: A Reference Guide» is a question and answer survey by country that includes for each country general information about local methods of adjudication, alternative dispute resolution, discovery, trial procedure, experts, privilege, limitations, costs rules, jurisdiction, and other topics of interest to
potential litigants.
Surprisingly, this can all be accomplished at a reduced cost to
the potential litigants.
In regards to your thoughts on personal responsibility... you could put your home in a trust for anonymity sake (although that might not hide the fact that you that
any potential litigants against you know you live there).