FAQ: General Questions

Do I have to stay with the attorney that I am referred to?

Definitely not. You can change attorneys in the same way you can change your doctors. Quite frankly, when you change an attorney, you may owe the previous attorney a fee and possibly some costs, and that can be handled by the new attorney. Quite frankly, the new attorney should be able to handle all communication with the prior attorney. If you want to change attorneys, you can do so in the same ways you can change your medical providers.

What does preponderance of evidence mean?

Preponderance of the evidence, or the greater weight of the evidence, is the standard in a civil case. It simply means that the greater weight is the way that the case goes. If you had a scale of justice for both sides and you put weight on both sides, whichever side was the heaviest, that would be the preponderance of evidence. Unlike in a criminal case, where it’s beyond a reasonable doubt, which means that if you have it, it has to all be on one side.

What is a deposition?

A deposition is a way for an attorney to have opportunity to take a statement from a witness or a party. Let’s say you brought a lawsuit, if the other side wanted to take your deposition, you would go in front of a court reporter and they would ask you questions under oath and your attorney would prepare you ahead of time for the deposition. Any questions answered in a deposition can be used in a trial. It’s the same as giving testimony at a trial. It’s used by both sides.

What is a mediation?

A mediation is an opportunity for both sides to come together and try and settle a case. In Florida, before a case can go to trial, it has to go to mediation. Neither party is required to settle a case in mediation. It just gives an opportunity for both sides to come in, show their positions on the case, and make a determination whether it’s a good opportunity to resolve the case.

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