What is Litigation?
Non-criminal disputes that go through the legal system are typically referred to as litigation; encompassing cases including divorces and custody battles, personal injury, business disputes, breaches of contract, evictions, and others. Many cases go to trial, and may include jury trials. However, most are resolved outside of court, through mediation or settlement (in which one party agrees to pay the other a sum of money, and in exchange, the other party doesn’t sue). The majority of cases are resolved by settlement.
When a dispute can’t be resolved through negotiations and settlement, the matter is brought to court. This is when having the right attorney can make all the difference, as case types vary widely. Lawyers themselves specialize in different types of litigation, and it’s vital to your case to choose one with the skills and experience most relevant to your situation.
A South Denver Litigation Attorney can help you resolve issues such as:
- Business Disputes
- Collections (as a debtor or creditor)
- Commercial Litigation (such as class-action suits)
- Contract Disputes
- Copyright Infringement
- Homeowners Association (HOA) Litigation
- Personal Injury
- Owner, Officer, and Director Disputes
…and more. A good rule of thumb is: if a lawsuit can solve a dispute, whether between individuals, an individual and a company, or between companies, Robinson & Henry’s experienced Highlands Ranch litigation attorneys can help you get favorable results. Inquire now for a consultation.
Common Litigation in South Denver
Homeowner’s Association litigation is surprisingly common in Highlands Ranch, and in the South Denver area in general. While HOAs provide amenities for their communities (or make some services, such as trash collection, less expensive), they have considerable power in their communities, which can lead to abuse. Unfortunately, HOAs are often taken advantage of, as board members can and do unfairly use the HOA’s assets to pad their pockets or to take unnecessary action against members. Talking to a Highlands Ranch HOA attorney about your HOA can help you understand your rights and your options for taking action against an abusive HOA.
Another common South Denver litigation issue is a business dispute. No matter the size, a business can be wrecked by a legal dispute, which can be devastating due to legal costs alone. Being “served” a court summons can be shocking, and comes with a definite time limit. Not responding will likely result in a default judgment that favors whoever brought a suit against your business. That’s why it’s important to have an attorney, preferably local to Highlands Ranch, who can help you get on top of the case.
In addition to business disputes, contract disputes can occur between businesses or individuals, too. Usually these happen when two different parties under a contract disagree on how to interpret it; for this reason, the best course of action is often to hire a contract lawyer to review the contract and provide an impartial assessment of its meaning. If the parties still can’t come to an agreement, however, the matter can be litigated, leaving the court to decide.
Then there are collections cases. These usually involve a debtor who simply won’t pay what they owe to you, and your options outside of litigation have run out. A Highlands Ranch litigation attorney can help you obtain a “lien on real property,” which would allow you to gain what you owe when your debtor sells or refinances their real estate. Or, your lawyer can help you obtain a “writ of garnishment,” which would levy the money owed to you directly from their bank account. Another pathway is to garnish the debtor’s wages, which would get you a percentage of their wage until the debt is paid in full.
Do You Need to Litigate?
Litigation isn’t necessarily the best way to solve a dispute. Sometimes, contracts (if present) specify how to resolve disputes, usually with the intention of keeping the matter outside of court. This is usually the best way to solve the problem, as it will almost certainly be less expensive and less time-consuming. However, that does not mean you do not need a lawyer, since it could be prudent to have an attorney review the contract; doubly so if the terms of dispute resolution are not favorable to you.
Another method to resolve a conflict is through arbitration. While conducted outside of court, arbitration still involves hiring an attorney to serve as an impartial arbitrator, in a trial-like fashion, where both sides present evidence and testimony. Arbitration is most often used in disputes between small businesses, individuals, and a mixture of the two. Usually, it results in an outcome that has every party’s interests considered, but depending on the situation and the nature of the dispute, may favor one or the other party in the end. Regardless, arbitration is almost always less expensive than resolving a case through litigation.
Robinson & Henry’s arbitration attorneys are hand-picked for their negotiation and analytical skills. From settlement to enforcement of arbitration awards, we can help you build a case, set up the arbitration, and enforce any award. With Robinson & Henry, you do not just hire an attorney, you get a team of litigation experts who can recommend the most prudent course of action for your case.
In reality, over 90% of American civil suits result in a settlement. A settlement is simply a formal resolution of the dispute that would otherwise have gone to trial. While usually involving a monetary award, settlements are ultimately custom agreements that contain terms specific to the situation and to the parties involved. That’s why it pays to have the most qualified attorney in your corner.
What to Look for in a Highlands Ranch Attorney
The best Highlands Ranch attorneys have specific qualities that suit them to their jobs. Great litigators make the most of the facts and circumstances they have to work with; the most successful tend to have a track record of getting results, both in and out of the courtroom. This means they have to be good negotiators and great with people.
Look for a good communicator. A successful attorney articulates complex concepts and avoids getting emotional. Your attorney should be able to translate legal language into something understandable for the people he works for, so you’ll always be on the same page.
Settlements and arbitration are full of subtleties and can take unfavorable turns. Your attorney should be able to roll with the punches and negotiate effectively. Cases that go to trial may still end up in a settlement. Monetary awards, plea bargains, and other situations might still occur—negotiation skills will come in handy.
Make sure your attorney is familiar with whatever litigation you may be facing. Business law and divorce, for example, are very different proceedings that require different sets of experience from your lawyer. Experience is key in legal cases, which is an advantage when choosing a law firm over a single attorney; with a firm, your case can be reviewed and someone with the best qualifications for your case will be offered to represent you—with the constraints of your budget duly considered.
The simple act of hiring a lawyer or firm can make your opponent back off and seek an out-of-court solution to your dispute instead. No matter the size and nature of your dispute, a skilled South Denver litigation attorney will give you a significant advantage.
If you’re being sued and need legal protection, don’t wait to get representation. The sooner you act, the more likely your results will be favorable—litigation is a critical process that can result in a big payoff. An experienced, wise, and persuasive lawyer is the best chance you have at winning in any case.
At Robinson & Henry, we specialize in fighting for our clients’ rights, and we have a proven track record of doing so. Experienced, passionate, and efficient, we will work tirelessly to bring your case to a timely and satisfactory conclusion. We know you have a lot on the line, and we treat your case with the corresponding level of seriousness and professionalism. Call us at (303) 688-0944 for a consultation to get started today.