Wedding Ring
I often get a call from clients who have been wronged in a business deal, or may have purchased a product that didn't perform as they expected, or even a former lover who may hold a ring that that my client wants to reclaim. The common question is: "Can I sue?"
The easy answer is, "Of course, you can SUE anyone." But the more important question is really, "If I sue, will I win." The reason the question of suing is not important is because, filing a lawsuit is just the beginning of a process from which the Plaintiff, the person bringing the action, wants to get some satisfaction from an injury suffered. The ultimate question of whether you will ultimately get money in your pocket, is more important.
I think that that the reason clients ask the question in the form, "Can I sue?", is because we all tend to become focused on the short term. However, inevitably bringing a lawsuit is not a short term proposition but instead the beginning of a process that in most instances is quite lengthy and fraught with stress, resulting in money out of your pocket to pay a lawyer or pay of filing fee, before any award is received, and delay, delay, delay.
So, in the first part, my legal advice is to avoid legal disputes by asking yourself the following questions before at the commencement of any relationship:
1. Do I have an expectation of what I want to achieve before I sign this contract?
2. Is that expectation reasonable and, is it the same expectation that the other person has?
3. Can I enforce the expectation if things go sour, usually meaning is it in writing?
4. What are the risks associated with going forward with this new arrangement?If you ask yourself these simple questions before you create a relationship that could end up in conflict, and all new relationships have conflict potential, then you are much more likely to avoid conflict and should one arise, better armed to protect yourself.
Remember, the best result in a legal battle, is to avoid a battle before it starts.
By the way, if you gave the engagement ring, as long as it is contemplated that will pave the way to marriage, were the nuptials to never occur, the giver is entitled to get the ring back.
Bruce Brown is a lawyer for twenty-four years practicing in Idaho Springs. He can be reached at info@brucebrownlaw.com.
Bruce Brown, Attorney
Post Office Box 3366 ~ 1630 Miner Street ~ Idaho Springs, CO 80452
Tel. (970) 722-7778 or (303) 567-0111 ~ Toll free (866) 999-9529 ~ FAX (303) 567-9306 - Sitemap
Email: info@brucebrownlaw.com
