When is litigation worth it?
Before spending valuable time and resources, both financial and emotional, you should ask yourself the question: "is a lawsuit the best option here?" This is a great question to ask before committing to a course of action. Believe it or not, many people rush into the fires of litigation without doing a basic analysis of whether litigation is right in their particular circumstance. When asking yourself that basic question are two primary issues at hand: (1) do you have a cause of action, and (2) is a remedy available
First, do you have a cause of action. What we want to know here is, do you actually have the legal higher ground? Is there a contract that a vendor breached? Are there remedies inside that contract, such as arbitration that could potentially bar you from a lawsuit? If there is not a contract at issue, you need to find the elements of the cause of action, and find out if you have proof to establish each element. For instance, defamation per se, as applied in the business context, takes place when someone makes a negative public statement about you that tarnishes your reputation in the business community. Although there are some tricks here, basically you would need to be able to establish exactly what disparaging remark was said, by whom, when, and who was listening. If you could establish those things, you likely have a solid cause of action.
Second, you must know if remedy is available. This is important. Far too many litigants spend their hard earned money to pursue a just cause in the courts, and come out with a judgment in hand, but a judgment debtor that has split, or are out of assets. Remember, great attorneys can help you state your cause of action before a judge, but they're of no use squeezing water from stones, and if the individual or entity you are suing has no assets, it may be prudent to invest elsewhere. Litigation is a serious undertaking so make sure to do your homework before acting.