Getting Started – Litigation

Litigation:

The definition of “Litigation”: Litigation is most simply defined as a lawsuit. It is a legal action filed in court (generally, either the Superior or Federal Court in California, although occasionally litigation can include mediation or arbitrations), for the purpose of enforcing a right or seeking a remedy.

Presentation of Your Case:

Presenting your case in court involves objective factors (generally, the facts surrounding your particular disputed matter) but it is also heavily influenced by subjective matters such as “who the parties are,” perceptions which a finder of fact (either a judge or a jury) might have about one party or their particular position, or if an insurance company is involved, the perception or view-point of insurance adjusters can be important. An important reminder is that third parties often have a different perspective or viewpoint than what you hold. Frequently, you have lived with the facts surrounding your dispute for many years and in the case of disputes over trusts and estates, those facts may have developed through a blend of family issues, change in family structure, births and deaths, and many other factors that are individual to your circumstance. While there is no way a judge or jury will ever understand the issues from your exact perspective, it is the job of the litigator to assist you in making your perspective clear to those who are going to make a decision. For this reason, knowing when to present a particular fact, perspective, piece of evidence, or when to ignore it, can be an important component of a properly presented litigated matter.

Our Lawyers:

Attorneys John Grier and Chantelle Walsh make an excellent team in the litigation arena. With their combined 50+ years of experience, they are equipped to help your family determine whether litigation is the best route for you; and if it is, then employing the best strategies to present your case and achieve results.