Litigation

There are cases where mediation or the collaborative law approach are not appropriate. It may be a case where the other party is unreasonable or not willing to mediate or negotiate in good faith or a case where you do not trust that the opposing party will be honestly forthcoming with information. These cases are litigated. This means that a complaint is filed with the appropriate court and the court system is used to resolve the case. Information is gathered through the formal discovery process. There are court ordered timelines for completing discovery and for moving the case forward. Either party can bring motions before the court if they cannot agree about something. So, for instance in a litigated divorce case, one party would bring a Motion for Temporary Orders to obtain a court order for child support or custody. A court order might be necessary to compel the production of documents. Because the case is litigated does not mean it cannot "settle". The vast majority of litigated cases settle before trial. However, if the parties cannot settle the case, then a trial will be held before a judge or depending on the type of case and the court, a jury.

As your attorney in a litigated case, I will provide you with personal attention to your case and to the details of your case. I believe that it is the rare case that should go all the way to trial. Trials are expensive and risky, not to mention emotionally draining and stressful. I am committed to trying to settle your case in a way that is most beneficial for you. I will strongly advocate on your behalf while always looking for creative solutions to settle your case. If the case goes to trial, I will represent you zealously and professionally as I have been doing with my clients since 1989.