Phase 6: Feasibility Assessment

Feasibility Assessment gives you the fruits of the labor you have put into answering Lawsuit Analyzer^©’s multitude of questions. In the days and weeks ahead read and ponder these recommendations carefully, some of which may be:

• What steps should I take before moving forward?
• If Small Claims is not my Forum, should I reduce my claim to fit the Small Claims limit?
• Will collectability be a big problem?
• What are the most important issues for me to consider?
• If I have a contract with an Attorney Fee provision, am I prepared to take the risk that I might lose and be required to pay my adversary’s attorney fees?
• If not in Alternative Dispute Resolution already, have I done everything possible to move my dispute into ADR?

Don’t allow yourself to just barrel ahead with an emotional charge. Take the steps recommended below.  Consider all consequences.  Go slowly with a clear state of mind.

Your Case Feasibility Rating is 91% and above

Your case feasibility is very good. There are many variables that put you in this feasibility category, so take what applies to your case and skip what does not.

Recommendations:

• Review your Phase 5 Comprehensive Case Analysis to better understand the strengths and weaknesses of your case and try to improve on weaknesses.
• When you complete Lawsuit Analyzer^© (your results will be e-mailed to you) review your results with the Lawsuit Analyzer^© Coach (the links on this page will open in another tab so remember to come back to this tab afterwards) to get more insight into how to enhance your case.
• Read all applicable Resources on this website, then move on to the more in-depth Coaches in our Store when you need more.  This site is all about getting you through your dispute as unscathed as possible which means reading just about everything on this site.  It will cost very little and could save your sanity and your nest egg.
• If your Collectability Assessment is low, again consider reducing your settlement demand or reducing your damages to fit within the Small Claims limit (if your forum is not Small Claims) so you will have resolution quickly and economically.
• Prepare and send a Demand Letter to your adversary. Review the Demand Letter Resource and the Demand Letter Coach.
• If Mediation, Small Claims or Arbitration is your first or second Forum, move forward if settlement efforts fail. Your dispute should be determined relatively soon.
• If your answers to Lawsuit Analyzer^© change during the course of your case, work your case through Lawsuit Analyzer© again [you received two links] since your results may change.
• Constantly evaluate your case as it proceeds through the legal process and make adjustments to your strategy. What worked before may no longer.
• If a contract with your adversary includes an Attorney Fee provision:

• Keep in mind that if you lose you could end up paying your adversary’s attorney fees.
• Keep in mind also that an Attorney Fee provision does not mean that all the attorney fees incurred will be approved, as some may not be deemed ‘reasonable’, nor does it mean that you will actually collect on any Attorney Fee award you receive.  Review your Collectability Assessment in Phase 4 along with the Collectability Resource and Collectability Coach.
• If you plan to hire an attorney, continually evaluate your attorney fees and work with your attorney as a team.  To learn more, go to the Hiring an Attorney Resource and Hiring an Attorney Coach. Frequently weigh whether your potential recovery justifies spending so much.

• If you plan to hire an attorney and do not have an Attorney Fee provision in a contract with your adversary, you could end up with a large attorney fee bill (or give up a bulk of your recovery to your attorney via a contingent fee). Continually evaluate your attorney fees and work with your attorney as a team as described in our Hiring an Attorney resources listed above. Frequently weigh whether your potential recovery justifies spending so much.
• If the Upper Civil Court (UCC) system is your Forum:

• Move forward with your case only after proposing a Multi-Step ADR Agreement Form.  If your adversary does not agree, proceed down this list.
• Mediation or some type of settlement procedure should be proposed again and again as your case winds through the system. To learn more, go to our Upper Civil Courts Resource which targets specific points when settlement evaluation should be considered.  It’s never too late to settle and be in charge of your destiny instead of waiting for an overworked judge or disinterested jury to decide your fate.

• If your adversary countersues you, adopt more of a conciliatory stance since you are now also a defendant. Take a trip through the Lawsuit Analyzer^© as if you are your adversary, now complaining about you.
• Make your decisions as objectively as possible and not clouded by ego or unrealistic confidence.