Considering Legal Action Michael Brown on 18 Feb 2014
When people are telling the attorney-authors about legal concerns, some say they are worried if they take legal action against an employer, especially one who is in a different location from them, they will have to travel too much to fight for their case.
In reality rarely does a party have to travel to pursue their rights. I can count on one hand the types of events that might require a party to travel. Those events (which only could arise after a legal complaint is filed) are:
- a deposition (which could be required in person, but can be conducted via phone if agreed);
- mediation (a settlement conference which sometimes is mandatory, and sometimes a mandatory mediation requires in-person attendance); and
More often than not, cases are resolved before any of the events above occur, so the client never needs to travel. Most of the clients I have represented have not traveled at all by the time their cases resolved. Most of my clients’ cases have resolved via settlements (contracts agreeing to financial terms, closing of the legal matters, etc.). Settlement is often a better option than litigating through trial or thereafter.
So even those matters that involve lawsuits that are filed and pursued for months or years will usually only involve one to two instances of travel at most. When a given client of mine is scheduled for a deposition or mediation and does not want to travel, I explore if alternatives are possible, such as a phone appearance. Also, if a client of mine who is outside of the United States has concerns about being able to enter or re-enter the country to pursue legal rights, there are usually options available to resolve those concerns (e.g. phone appearances, visas for legal matters, etc.).
The bottom line is you should not assume frequent travel, or any travel, will be required if you retain an attorney and explore legal options. The attorney will discuss with you what events, if any, are likely to occur that could require travel. You should not let assumptions or fears about travel stop you from exploring your possible legal rights or legal action.