Here are some of the disputed matters we have covered:
Adult guardianship and conservatorship
Boundary disputes
Breach of written or oral agreements
Child guardianship
Grandparents' rights
Land ownership
Medicaid
Nursing home abuse and negligence
Probate and trust administration
Professional negligence
Property owners' liability
Trustee accountability
Will contests
COURTROOM ADVOCACY
Lawsuits are never what anyone planned to happen. We practice "preventive law" to reduce our clients' exposure to legal disputes, litigation and expensive courtroom procedures. Nevertheless, courts are the backbone of our democratic way of life and their power to solve problems is sometimes necessary.
Every day, all day long, civil courts are deciding issues that are crucially important to the parties involved. Both the plaintiffs, who have brought the matter to the court, and the defendants, who stand their ground in the face of allegations, count on their lawyers' knowledge and skills.
Early in the case, before the judge considers testimony and evidence, the judge will hear preliminary motions and the lawyers will conduct discovery. These matters that often frustrate clients because they focus on procedural rules, are truly crucial to the overall outcome of the case. It is precisely because a lay person may not understand what is going on that the help of a lawyer is so essential. No decision is routine and no presentation should be made without thorough strategic preparation. Hiring a lawyer early in the dispute is your best defense against costly mis-steps.
If you are going to face a day in court, it is important to have a lawyer who can not only understand your situation but can also speak of it to the judge in a way that makes your story stand out. Courts are busy places. Hearings often bring before the judge only one small piece of the puzzle that will become your case. A well-prepared presentation has a memorable impact.
Jigsaw puzzles are a good metaphors for the way that lawsuits progress. Everyone else may be able to see the picture on the box, but the judge does not get to see the box. The judge also does not have the time to devote more than a few minutes at a time to putting the puzzle together. Small pieces that are spilled all over. It takes time to put together a picture that makes sense.
Options and Choices
Taking a matter into court is expensive. Hourly charges quickly accumulate in the research and writing required just to file the suit and overcome the initial procedural motions. An alarming percentage of litigants (including both the losers and the winners) say they would not go through litigation again. So it is important to take time to deliberate. Whether you are the plaintiff or the defendant, pick other people's brains and work up a cost-benefit analysis in light of all of the potential outcomes.
Here are some of the values that good legal representation should bring to your case:
Analysis of the legal issues after research into recent legislation and cases. Familiarity with how similar cases came out. Experience in negotiating and being persuasive. Knowledge of common pitfalls and other people's mistakes. Cross-references to related experts for collaboration and back-up.
Achieving Settlement
A decision to settle a case is usually complicated and difficult. When you consider a settlement offer, you will want the assistance of a lawyer you trust. Try to anticipate from the beginning whether the lawyer you pick will be someone you trust when you really need to rely on her/him. You are a good judge of whether you are communicating well with the lawyer and how the lawyer treats the people around him or her.
Common mistakes in picking an advocate will come to light as you talk with friends and family. When you are angry, you may be attracted to a "barracuda" or someone who seems intimidating. But don't select someone whose behavior offends your own values or sense of decorum. The ability to persuade others and elicit their cooperation is the most fundamental skill of a negotiator. If you feel like a powerless outsider, you may be attracted to a person who seems to be smart and well-connected. But don't select someone who thinks your case is small change or too easy. Of course, it can also be a mistake to choose a lawyer who seems kind and approachable but is not savvy enough or tough enough to fight for you. Take your time in making the decision.
The list on the right explores the kinds of cases we have handled.
