DISPUTE RESOLUTION
While I do not pretend to be a litigation attorney like many other attorneys, I routinely assist my clients with resolving disputes without resorting to expensive lawsuits.Through my extensive experience in putting together businesses, advising clients on a wide range of transactional matters and estate planning matters, I am uniquely positioned to explain your rights, help you understand the practical realities of litigation, negotiate favorable outcomes and, if that fails, connect you with the right litigation attorney to file or defend the lawsuit.
Business Law Disputes
When a dispute involves a matter covered by a written agreement, that agreement often outlines a dispute resolution process, such as required notice periods and an opportunity to cure, a meet and confer timeline or mandatory mediation. It is important to follow whatever process is set forth in the agreement. Many situations require research to determine available claims or defenses, no matter how well-settled the law may appear to be. Notice must be properly given according to the terms of the agreement to start the clock running for notice periods. After available claims are determined and your rights identified, there is typically at least one demand letter which ideally will begin a dialog in an attempt to resolve the dispute.
If there is no written agreement, more options are available to you in terms of how and on what timeline you have to try and settle the dispute. For instance, you may not have to give the other party an opportunity to cure the default or wait for mandatory mediation to occur. Depending on the situation, this may give you more or less leverage. All of these factors play into the approach of resolving the dispute.
Despite our best efforts, sometimes disputes do not settle when they should, i.e. at the beginning of the dispute before a lawsuit is filed. Both sides have a difficult time seeing the other side’s point of view or how their version of the world could possibly be wrong. It sometimes it takes depositions, the filing of and ruling on multiple motions, and a few expensive invoices from a litigation attorney for the parties to come to their senses and find a compromise. Most often, they settle after significant expense and effort have been invested. It is my job to help you understand what you are entitled to, what potential threats exist to getting what you are entitled and the practical realities of litigation before you start down that path because once it is started, it is difficult to simply pull the plug.
Whether the separation is between business partners, a company and an unhappy customer, or two competitors, business disputes can be stressful for all involved. Part of that stress comes from not knowing your rights, what the right course of action is and/or what the likely outcomes are. By retaining me to help you resolve this dispute, I can relieve at least some of this stress and help you get back to doing what you do best, which is running your business. If we’re not successful in resolving the dispute quickly, I can tap my vast network of attorneys to match you up with the right litigation for the next phase.
Estate, Probate and Trust Disputes
Through my extensive estate planning experience, I can help guide you through difficult family disputes over money and/or inheritances. The loss of a loved one is hard enough. When you add the stress of an intra-family dispute to the mix, it can be overwhelming. By hiring me, I can relieve some of that stress so you can focus on your family and well-being.
Trusts and Wills often have language that makes little sense to the non-attorneys. Since I am very familiar with all types of trusts and the various provisions found in them, I can explain the terms in simple English so that you can understand. Many times, clients have a difficult time determining what they are entitled to under the terms of the Trust, Will or under applicable state law. One of the first steps is to confirm the assets of the Trust or Estate by reviewing a current accounting. If an accounting is being withheld from you, I can make sure you are provided one as required by law. When reviewing the estate planning documents in question, I can identify ambiguity, where the Trustee or Executor has discretion, and where the document mandates that a particular thing happen. Understanding these will help us determine what you are entitled to, whether a claim exists, and what the likely outcome will be so we can analyze the best way to enforce your rights in a way that makes sense.
