Litigation FAQ
- Why resort to litigation?
- Don't the vast majority of cases settle out of court?
- What if it costs me more to litigate in attorney fees than I can recover if I win?
- Isn't litigation a long, tedious process?
- What are my chances of winning?
Why resort to litigation?
- When you are being reasonable, and the other side refuses to take responsibility, your case may be on the path to litigation. Whether it is a dispute with a buyer, seller, realtor, builder, neighbor, or a governmental body, we can pursue justice on your behalf. We can take your case at any stage from the beginning to an appeal. We know that one of the secrets to success in litigation is preparation. We have been successful by listening to our clients, obtaining the documents we need, and planning a winning strategy that fits the case.
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Don't the vast majority of cases settle out of court?
- Yes. However, no case settles without the consent of all the parties. Some of the same keys to successfully trying a case also apply to successful settlements. By preparing a case well, better settlement offers are arrived at. Many times the clients choose settlement because of the uncertainty of the outcome together with the length of time it takes to get a trial date. We prepare every case as though it is going to trial because it benefits our clients who go to trial as well as those who don't.
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What if it costs me more to litigate in attorney fees than I can recover if I win?
- This is something that we analyze with the client in every case. There are laws which we use to force the other side to pay your attorneys fees in some cases (such as the Uniform Condemnation Procedures Act). Some cases we take on a contingency fee. (No attorney fee to the client unless we win). If it is apparent that the attorney fees will exceed the value of the case, we will tell you and decline representation. It is better to be disappointed early rather than spending hard-earned money on false hope.
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Isn't litigation a long, tedious process?
- Yes it is. Our experience and advocacy will help you to get through the interrogatories, depositions, motions, pre-trial conferences and trials that are part of the process. It usually takes between 1-3 years to get an actual trial date.
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What are my chances of winning?
- We cannot predict the future or make any guarantees. However, we will honestly and fairly assess your case from the first consultation through its conclusion.
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