When less costly system have not or cannot be used, or when the other side has already filed a lawsuit and served you, we use representation to guide resolution.
We prepare the case for trial in three stages: Fact Gathering, Negotiations and Trial.
Fact Gathering includes investigating and interviewing witnesses, assuring that both we and the other side have produced all relevant documents. Then we confer with the other side to assess how they respond to our concerns and our review of the facts.
Negotiation begins when fact gathering is complete. If we can negotiate directly in a conference with both parties, we do. These settle cases because both parties get good information. Usually they both know what the facts are. From the combined expertise of the two attorneys the illusions get washed out of both sides beliefs. This settles most cases, but some attorneys won’t allow such a conference.
If we cannot meet, we negotiate with the other attorney. If we cannot settle the case, then from our estimate of “the community standard of fairness” (how a judge would likely apply the laws to our circumstances and decide the case) and of what trial would cost us, we make a written offer. We may add in part or all of what it would cost us to try the case. This process settles almost all cases.
Trial
If we cannot settle the case, then we use the trial process as a truth disclosing process rather than as warfare. The purpose is to prove that our written settlement proposal offered more than the judge’s decision allowed. This creates a basis to ask for some of our attorney fees for trial to compensate for an unnecessary trial.
Trial can be what it was intended by the design of the court and all its rules to be: polite, respectful, proving what is true. We will not represent people who insist on making trial warfare.
We will assist clients in investigating and expressing fully their belief about what has happened, how it has happened and why it has happened. If we believe that the case is difficult to prove or at risk of being considered excessive, we will give you a written analysis of why, what is at risk, what it will cost and what we advise.