A case prepared to be tried is a case that settles on better terms.
The approach
General Litigation is the firm’s home for civil disputes that do not belong to another department: negligence and intentional torts, premises and products liability, personal injury and wrongful death, declaratory judgment, emergency injunctive relief, and appellate practice.
Most of these matters should resolve short of trial, and most do — by mediation, arbitration or negotiated settlement. The firm nonetheless prepares each one as though it will not, because the alternative is a client whose position is determined by their own lack of readiness rather than by the merits.
Major areas within the department
Negligence, intentional conduct, premises and products liability, and wrongful death claims — brought on behalf of an injured person or defended on behalf of the party accused of causing the injury.
Larger or procedurally complex civil matters, and declaratory actions brought to establish rights or coverage before a dispute matures into damages.
Temporary restraining orders and preliminary injunctions, sought where delay itself would cause the harm a client is trying to prevent.
Mediation and arbitration where a matter can be resolved short of trial, and appellate practice where a trial court’s ruling is challenged.
From the journal
Litigation Hearsay: Understanding Its Role in Legal Proceedings Introduction In legal contexts, the term “hearsay” often arises during trials, investigations,
Resources
Representative matters
Details are altered to preserve confidentiality.
Questions
How long will a civil case take?
In the South Florida circuits, eighteen months to three years to trial. Most resolve well before that, and the ones that do not are usually about principle rather than money.
Should we mediate?
Almost always, and usually earlier than the court requires. Mediation before positions harden is a different conversation from mediation on the eve of trial.
What does an appeal actually review?
Legal error, not an outcome you disliked. The record made at trial fixes what an appellate court is permitted to consider, which is why the record is built with the appeal in mind.
Related
The first conversation costs nothing, and commits you to nothing.
