It is Spring time. That means a lot of people are moving in and out of apartments and companies are hiring summer employment. For me, that means lots of small claims calls for Landlord/Tenant, Defamation, Improper Hiring Procedures, etc. The number 1 problem I find with is that the individuals who call have not waited for a Cause of Action. By this, I mean, someone has wronged them, but the Law provides no remedy . . . yet. The law rarely, if ever, provides a remedy for mere inconvenience, a small screw up, or the potential for something bad to happen. Unfortunately, you have to wait for something bad to actually happen. Only then is a lawyer able to slap a number or remedy on it and go to court. It is the result of this bad thing that defines the cause of action.
For example: Someone called the other day and told me that someone defamed her. Great! Let’s go through the elements. 1. Did this person make a false statement about you? YES! 2. Was the statement made publicly? YES! 3. Was the statement made publicly disregarding the truth or any negative affects? Yes! 4. Have you suffered any negative effects because of it? No . . . Well, unfortunately, there is no case then. The law requires actual damage so that it does not have to speculate about damages. Speculation will get you thrown out of court every time.
So, before you call a lawyer, especially one that will take your money for nothing, make sure you have suffered some damage. This is not damage to your pride or potential damage. You need something you can put your finger on.
But, hey, if you are unsure. Go ahead, give me a call. I will only force you to come to me if there is anything there.