Robert Kerr
1706 Chester Avenue, Suite 420
Bakersfield, CA 93301
Phone: 661 330 5174
Email: robkerr1@earthlink.net

Law Office of Robert Kerr - 30 Years of Experience - Business and Real Estate Law

One should always remember that the legal system does not always have a fair result. There are factors that play into it that alter the balance, including how much money your opponent has to fight you. You should focus clearly on what your 'end game' is and how much you want to spend in attorney fees to achieve it. Does your opponent have the ability to pay you if you win? Before jumping into a lawsuit always try to resolve the matter by mediation, but make sure that any settlement or compromise based on mediation is reviewed by a lawyer if you have substantial money involved in the settlement. Be very careful of stipulating to binding arbitration. It can be very dangerous and the right to appeal is severely limited!

The legal system is complex and expensive and it is therefore important to get an accurate view of the law as it applies to your case before you start litigation. Make sure your lawyer is one that focuses on the area of law you are pursuing in a potential lawsuit, and if he/she is favorable to your case, ask him/her what legal grounds support your case. Remember that a lot of lawyers practice in several areas and obviously they are not equally strong is each area. Remember that a lawyer cannot make promises about the outcome of your case. Ask about the risks of losing and what financial impact the result will have on you. Always get a quote on fees for pre-trial work, all discovery costs, and the cost of the trial with a breakdown on the specific trial work being proposed.

If your lawyer wants you to settle and it is a complex case and you don't feel it is fair, then take the settlement to another lawyer and get another opinion on the fairness aspect of the settlement.

I take a pragmatic approach to solving business problems and lawsuits seeking to settle them as quickly as possible with the least amount of litigation possible. I am an experienced litigator who has been in court fighting for clients for 30 years. I will aggressively push for a settlement of your case at the outset of the conflict. If settlement is not possible, then we pursue the litigation with the goal of making sure we can perform well at trial. Discovery is very important.

Spending Wisely in the Court System:  It is important to judge the amount you are seeking with your lawsuit against the cost of the lawsuit. Small claims court has a limit of $7500 in California, and quite often the controversy is at or near that amount, making small claims court a very viable alternative. You cannot have a lawyer representing you in small claims court, but you should consult with one prior to filing to make sure your case is solid and the form of proof you intend to use will be admitted and be convincing. Many times plaintiffs are not awarded attorney fees, so small claims court becomes even more viable as a way to seek redress. You also want to make sure that you have a fair chance of collecting the judgment once you prevail in court. This is very critical to the analysis. 

I am currently servicing clients in Kern County, including Bakersfield, Taft, Tehachapi and Ridgecrest.