What are your legal needs?
When you select your counsel, it’s important to find not just capable counsel but an attorney who will make your matter of sufficient priority that you don’t end up without easy access and forgotten somewhere.
An important question is what do you actually need? Do your legal needs really require a law firm full of lawyers, the costly overhead which accompanies running a big office and which is built into attorney fee structures?
Also, lawsuits can be expensive even if you don’t have too many lawyers on your case, and it is important to evaluate parties’ objectives and limitations. From a plaintiff’s perspective, the viability of a case can depend not on just good evidence of a defendant’s liability but also good proof of damages, plus a defendant who can pay a judgment. From both plaintiff and defendant’s perspective the cost-effectiveness of the litigation should be a carefully considered factor and not clouded by emotions or other distractions. Not only can it be protracted and expensive, but litigation can impair other productivity. Nevertheless, in some situations, commencing litigation is required and unavoidable. Engaging seasoned counsel helps to evaluate the risks of litigation.
Ilam has had the opportunity to work with and against experts in a variety of cases in a variety of disputes, including appraisers, accountants, fiduciaries, physicians, attorneys, industrial hygienists, metallurgists and other scientists and professionals. Sometimes experts are not necessary but being familiar with the expert process and challenges to them will be an unavoidable consideration in many cases.
Many cases settle before trial. Sometimes before litigation is commenced and sometimes after at a mediation or other settlement conference. Non-binding mediation, which in Kentucky is a formal settlement conference with an impartial third party mediator (often a retired judge) is often confused with arbitration. An arbitration proceeding while sometimes voluntary often arises in disputes which contain contractual provisions which require the parties to resolve their dispute out of court before a specified individual or panel. Without an enforceable arbitration clause or other agreement, a dispute which cannot otherwise be resolved ends up in the court system. Arbitration can result in a binding and enforceable ruling which can be enforced through the courts.
The cost of litigation, in addition to your attorney’s fees, may if necessary involve out of pocket expenses incurred for costs for expert witnesses, court reporter’s fees for depositions, and other expenses such as filing fees, investigative expenses, some postage and copying charges. The extent of the costs depend on many factors, including the type of case, where it is, its specific facts, ruling by the judge, the positions taken by opposing counsel, and the duration of the case before resolution. This is another reason to consult with a seasoned litigator.
Whether you need a probate lawyer or a litigator for an estate or trust dispute, legal representation in a business litigation case, wrongful death, real estate dispute, personal injury, products liability litigation, estate, probate or trust litigation, Ilam would look forward to discussing potential representation with you. Please contact the office to learn more or arrange an appointment.