So you decided to sue… Now you need to put together your case. Most cases involving civil disputes end up in small claims court. It’s a court venue that allows each side; a “lot” of latitude when it comes to court protocol and procedures. Unfortunately for most, the litigant enters those chambers unprepared. Once you are called up to present your case, the defendant or plaintiff brings with them a bevy of drama. To win, you will need to have a team on your side that is well prepared to present your case.
The lawyer will always act as your spoke person and advocate while presenting your case. The key to winning is to have an expert witness report that tell your side of the story with deposition testimony, witness testaments, and supporting documents.
Enhancing your legal matter with a forensic investigator is more affordable than you think. Forensic and litigation can become a very expensive endeavor, unless you plan carefully how you will put together your file. Let me better explain the circumstances of such a matter and then what one would expect in the way of costs.
A few months ago, I was in a civil court in a local town, attending to another legal matter. Before my team was called to up by the court clerk, we watched and listened to the case of Peterson v. Finnegan.
Mr. & Mrs. Peterson decided to give up their two dogs for adoption right after their first child was born. The dogs became unruly and a concern due to their hostile reaction to the Peterson’s newborn. As a result, the two pups had to be confined to their crates. Neither the Peterson’s nor the dogs were happy. Mr. Peterson contacted a dog interventionist who placed unwanted pets into foster homes.
The Peterson’s were anxious to settle the family turmoil, thus calling and requesting that Ms. Finnegan, the interventionist, come over and remove the two animals as quickly as possible. Ms. Finnegan obliged; having taken the dogs and then immediately finding a foster home for them.
Over the next 7 to 10 days Mr. & Mrs. Peterson began to experience a sense of regret. Mrs. Peterson began weeping during the day; and Mr. Peterson, seeing his wife’s anguish, decided to reach out to Ms. Finnegan – asking her to return their two dogs.
Unfortunately for the Peterson’s, Ms. Finnegan had already placed the pups with a caring foster family. Further, Ms. Peterson had taken the two dogs to a local vet; where it was found that the dog’s health and hygiene had been neglected. The veterinarian treated the animals and Ms. Finnegan paid the bill.
When the Peterson’s were told by Ms. Finnegan that they were not eligible to retrieve the dogs, Mr. & Mrs. Peterson began a campaign of relentless phone calls upon Ms. Finnegan. Some of the calls could be considered threatening. Further, the Peterson’s began to post unflattering, derogatory and inflammatory comments about Ms. Finnegan and her business in various social media websites on the internet.
After a period of weeks, attempting to coerce Ms. Finnegan to acquis, the Peterson’s filed a civil suit against Ms. Finnegan; and all party’s show up in small claims court to plead their case.
The Peterson’s were first to tell their side of the story. With a quivering voice, and ultimately tears, Mrs. Peterson told the magistrate how she had made a terrible mistake and just wanted her dog’s back. Her husband further stated that they tried relentlessly to contact Ms. Finnegan, to no avail. When Ms. Finnegan finally reached out to the Peterson’s, the animals were already settled into a new home and that the Peterson’s were out of luck.
Then it was Ms. Finnegan’s turn. She desperately tried to overcome Mrs. Peterson’s theatrics with a more stoic approach; stating facts and trying to get the Magistrate to listen to her side of the story. Unfortunately for Ms. Finnegan, the Magistrate immediately sensed that Ms. Finnegan was ill prepared and was struggling to regain her legal footing in the court room.
At one point during the proceeding, the Magistrate began to admonish Ms. Finnegan and referred to the two dogs given up for adoption by the Peterson’s as Mrs. Peterson’s “children”. Ms Finnegan was losing her case; badly. She had the facts on her side. But, she could not get them presented to the Magistrate as a rebuke to Mrs. Peterson’s drama.
This is where a good legal and forensic team can win you the case. Had Ms. Finnegan hired our team to represent her, she would have been in a much better position to get her case heard. Our team would have worked with Ms. Finnegan to craft an expert witness report laying out all the facts along a well-defined time line. We would have entered into evidence the threatening Mr. & Mrs. Peterson sinister campaign of relentless phone calls upon Ms. Finnegan. We would have gathered transcripts of those calls as recollected by Ms. Finnegan; pointing out the some of the calls were considered threatening. Further, we would have presented evidence that the Peterson’s posted unflattering, derogatory and inflammatory comments about Ms. Finnegan and her business in various social media websites on the internet. We would have further introduced evidence that the two dog’s given up for adoption by the Peterson’s were in fact physically neglected and might have bordered on animal cruelty. We would have used the Magistrates own word’s – referring to the two pet’s as “Children” and raised the question of Mr. & Mrs. Peterson’s parenting skills.
I believe we would have won this case for Ms. Finnegan, had she hired us. Now, there is no guarantee that the Magistrate would rule in our favor. But the odds would have been more advantageous for Ms. Finnegan. So what exactly do we do to support the lawyer?
As a Certified Fraud Examiner, I and my team provide the lawyer with the needed litigation support – following all of these three standard services:
1. Investigate the circumstances and gather the corroborating evidence.
2. Produce a written report of our investigative findings.
3. Serve as a testifying expert (also known as an expert witness) or as a consulting expert.
A testifying expert takes the witness stand during a trial and answers questions from both lawyers and, if necessary, also from the judge. As your expert in this matter, I have or will acquire the specialized technical experience and training that would qualify me to offer a professional opinion on complex factual matters at issue in the litigation.
So what are we talking about when going to small claims court? Small claims court is designed to allow those without the financial means to plead a case to a magistrate without the heavy burden of legal fees. Okay… but do you want to win your case? In a legal matter such as the one noted above; Ms. Finnegan could expect to pay the lawyer $2,000 and the forensic team $3,000 to prepare the case.
Every case is different; the circumstances and the period of time that has elapsed since the matter occurred. It's not a $500 fix, but... the only way to determine the cost / benefit is to reach out to us for a consultation. Good luck in your next court battle. We hope to be on your winning side.
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