Many people ask why we are so successful with our lawsuits. Our philosophy in our office, whether the case is large or small is to be professional but constantly aggressive. Learn from our office so that you can direct your attorney on how to win your cases. Question: Dear Mr. Cheng, I know that recently you won several big cases. I know that attorneys are usually pretty private about how they win but can you please share your litigation philosophy? David –Monterey Park Answer: Dear David, thank you for your email. Although our litigation strategy is different for each person we have basic principles we use in every case. The following steps we use are not difficult in concept. In fact, so many people are surprised how successful our firm can be using such simple actions. However, follow the steps I state and you should be able to easily win your case future cases.
Organize your documentation. We are very lucky that our office is in a position to be selective about cases that we represent. It is my belief however, that many cases are lost not because they are not meritorious. It is because attorneys refuse to tell their clients that they cannot make out what is given to them.
Do a background check. Usually, you can find property, relatives, bank accounts, etc., by spending a few hundred dollars to a good private investigator. A background check will allow you to identify potential targets to hit so that when the lawsuit is filed you can be efficient, effective, and brutal in hitting the other side.
Do not focus your litigation against the person that harmed you solely, but instead affect those he cares most about. No one desires to hurt those they care about. As such, I always recommend that if there even a hint that a relative, friend, or associate is related to the lawsuit that you sue them. You always have the right to drop them from the lawsuit later. No pressure is greater than family members and close friends. What is worse, having a person you do not care about sue you or having a person you do not care about sue you and everyone around you (ex. Your daughter in college, your grandmother in another state) so that everyone is affected.
Use a Lis Pendens to lock up property. A lis pendens is a legal remedy that allows one to lock up property if it is the subject of dispute. What a lis pendens does is notify the entire world that if they intend to purchase property then they will buy subject to a pending dispute. The result would be that the property owner will not only be able to sell the property, they will also not be able to obtain any loans on it as well.
Use an injunction to freeze other assets. If a defendant can no longer have access to ready money, it will encourage the defendants to settle much quicker with the plaintiff.
Do not pity your enemy. Many people that come into our office suddenly have a crisis in that they feel we are too aggressive with the defendant. If you suddenly have a crisis about the way your attorney is crushing your opponent, you should not be suing the person.
Do not be afraid to go to trial. So many attorneys have never gone to trial. Some studies show that 97% of cases settle. Most cases settle because attorneys are too scared to put their case before a jury. Indeed, if the case has progressed to a point where trial is imminent and if the defendant is sostupid that they believe they can win, try the case. If your case is meritorious juries in the United States do not look highly on those that steal from innocent people.
It is my hope that those that read this article can use this in instructing their attorney on how to run litigation. It is unfortunate that so many attorneys refuse to be aggressive. Best of luck to those facing this issue.