Articles Tagged with Settlement

Good Morning.  I still can say it’s good morning even though it’s almost noon time.  I woke up early this morning and went to Torrance courthouse for a hearing. On the way back to my office, I thought about a video that I put out last month where I talked about how your attorney’s character count.

Not only does your attorney’s character count, but also your attorney’s personality, the way that they handle your matter, and how they litigate a case. All of these shape the landscape of your case; Meaning, they can affect whether or not your case is going to find resolution, whether or not your case is going to be litigated efficiently as efficient as possible, and/or whether or not your case is going to be settled within a reasonable time.

I currently have two partnership dispute cases that are in the extreme. They’re both dealing with dispute between partnerships that have a significant amount of real estate holdings.  In one case, I filed on behalf of my client against the other partner and received a call from the other attorney. The first thing that came out of his mouth was, “Hey, what does your client want?”. I told him exactly what I’m expecting and what my client wants in terms of resolving this issue. The other side’s attorney listened and we worked out a resolution plan.

Continue reading

Settlement AgreementIn Unlimited Civil Cases – or those involving more than $25,000 – California law generally requires that both parties make an honest effort to resolve their legal dispute with alternative forms of dispute resolution, before finding themselves involved in costly business litigation and an unattractive trial.

This is known as Local Court Civil Rule 1E. It’s predominantly full of legalese but the underlying point is that in California cases where large investments or considerable sums of money are involved, parties to the matter will be required to attend and cooperate in either a Settlement Conference, Arbitration, Mediation or a combination thereof, prior to a trial date being set. If all goes well, you and the opposing party will come to a fair and equitable resolution and costly litigation can be avoided altogether.

Not only does this help relieve some of the excessive buildup of business disputes being heard in courts today, but also gives you and the opposing party an opportunity to find a win-win solution for everyone involved. The alternative is to wait months – sometimes even years – for a trial date. Then, when the big day finally arrives, you’re essentially throwing yourselves at the mercy of the court, facing an irreversible judge’s ruling that will ultimately result in one party winning and one party losing. Even with the best of business litigation attorneys on your side this is not a situation you want your company to be in at the end of the day.

So, settling out of court can not only salvage valuable business relationships and reputations, but also eliminate any lasting and negative effects that an ugly trial may have on your company; not to mention the legal fees you can save by settling out of court.

If you’re in the midst of an escalating business dispute, don’t rush off to fight for your day in court. You may have more favorable options that could save your corporation quite a bit of time, money and stress. Here are some basic steps to try and avoid business litigation by finding a legally sound and responsible alternative:

First of all, you should never tackle these types of issues on your own. If you don’t have in-house counsel, seek the advice of an experienced business litigation attorney who understands that not all legal arguments need to end up in front of a judge and jury. Sometimes the best approach to resolving a legal dispute is to start with a mediated conversation designed to address each element of every legal issue, one-by-one, in order to help guide both parties to a responsible and impartial solution. Judicial intervention, then, need only be introduced for the elements that can’t be resolved without outside involvement.

Once you’ve consulted with an attorney, you’ll likely have one of two primary prerequisites to litigation; either request an Early Settlement Conference or attend Arbitration/Mediation. Your attorney can help you to decide which is the most suitable choice for your distinct situation.

Continue reading