General litigation is a broad area of law involving disputes between private individuals and businesses, including, torts, landlord-tenant disputes, contract disputes, boundary and property disputes, declaratory actions involving the interpretation of statutes, ordinances or contracts, breaches of fiduciary duty, shareholder derivative action suits, and other commercial disputes involving companies, their shareholders, officers, directors and private individuals.
Smith Legal is always mindful of costs when advising clients through the litigation process.
When representing clients in general litigation matters, Smith Legal explores potential resolution before a lawsuit is filed, in effort to keep litigation and other costs low. When such resolution is not possible and suit has to be filed, Smith Legal represents plaintiffs and defendants in Court, handling the case from start to finish. This includes filing pleadings and motions, conducting discovery, engaging in alternative dispute resolution, filing or responding to summary judgment motions, and preparing for and going to trial.
If either party is dissatisfied with the result of the judge or the jury, they may file appeals with the appropriate tribunal. Parties appealing must generally demonstrate that an error was made during the trial, either in the admission of evidence or the application of the facts to the law. In appeals, the “record” for determining whether such an error has occurred is generally limited to evidence presented at the trial.
Appeals are difficult to win, time consuming, and expensive. As attorneys, we are not only advocates, but also legal advisors. When there are weaknesses, and litigation alternatives are likely to be more expensive than alternative resolutions, Smith Legal advises clients. Such awareness is necessary in order that clients can make informed decisions that help protect or advance their best interests.