Litigation Counseling - Making the Decision to Litigate
What is litigation? What do litigators do? In its purest form - litigation is a dispute resolution tool. In everyday life, most problems are negotiated and resolved soon after they arise, and no attorneys ever get involved. In many instances, parties that hold legally cognizable claims - elect not to pursue them due to energy, time, and cost considerations. At SLR, we recognize consumers and business owners and executives are focused on growing their careers, family, incomes, and company revenues. Nonetheless, sometimes, even after trying to settle a dispute amicably and without litigation, the stakes of a dispute are just too high to give up. That's when parties have to consider filing suit or in many cases - stepping away from the negotiation table and vigorously and zealously defending one. SLR is glad to assist in this tough decision-making process. In many cases, suits can be settled after initial motion practice or upon rulings by the trial court, but when they can't - we are prepared to go to trial or appeal, and give you as clear a picture as possible about the costs associated with each relevant option.
Navigating the Litigation Process
If you have weighed all your options and are ready to either advance or defend a lawsuit, the litigation process will start with pleadings. The first pleading filed by a plaintiff is the Complaint. The Complaint is a formal statement of the plaintiff's alleged legal problem(s), and their explanations and theories about why the defendant is responsible for those problem(s). Following the Complaint, a defending party will file either a Motion to Dismiss, an Answer, or both. If a case survives the Motion to Dismiss, the case can proceed to discovery (where parties formally exchange and gather information from each other).
Motion practice is then usually reignited, and the Court may dispose of the case on summary judgment (or rulings on some or all of the legal theories in the pleadings without trial). In cases where the Judge finds he or she cannot dispose of the entire case based on the facts and law presented by the parties, the remainder of the case will proceed to trial.
At SLR, we can take you through this entire process. Our firm takes pride in creating high quality work product which includes drafting pleadings, drafting motions, researching the law and facts to create settlement leverage, and trial. We regularly represent both plaintiffs and defendants in their most complex and difficult disputes.
After a case has gone through the trial court process - and there has been a judgment or verdict, parties may choose to appeal. SLR can handle this process for you, giving you an idea of the costs associated with appeal, and the issues involved in the appellate process. SLR has experience handling complex appeals and recently its principal published work on the importance of appellate rights and procedure. Click on publications in the upper right hand corner of the screen to read more.
Types of Matters
Breach of Contract & Commercial Litigation
SLR has helped achieve highly favorable results for both plaintiffs and defendants involved in breach of contract and commercial litigation disputes. Some representative engagements include litigation for TRO, preliminary injunctive relief, licensing, UCC sale of assets, and other complex litigation.
A Client Focused and Customized Approach to Litigation
Contact us to talk about your case. We will take the information and create a case assessment to develop a strategy and an estimate of any affiliated costs.