Attorneys and Litigation

Attorneys Litigation sheds light on the litigation process.  Many people have legitimate legal claims and issues, however, they may become intimidated by how expensive a legal battle can be, how time-consuming legal action can become and simply are overwhelmed by the thought of dealing with the complex, complicated legal system.   If you believe you may have a legal claim, contact an attorney and you may receive a free consultation to better understand your claim, and how an attorney can help you find the justice you deserve.

The Stages Of Court Litigation

Filing of Complaint
In many states in the U.S., the formal case process begins upon the plaintiff’s filing of a complaint to a particular judicial body or court. This document contains an explanation of the particular action or neglect, which the defendant has done, that causes harm to the plaintiff and why the defendant should be held liable for the resulting damages. The individual or the party accused will also be given a copy of the said complaint.

The Defendant’s Response
Usually, the defendant will be given a three-week period to make his response to the accusations of the plaintiff. Here, he can defend his side on the matter and make his counter affidavit to prove his innocence. Depending on their disparity, a party may ask the other to clarify some issues so that they may settle on the said complaint.

If in case the defendant fails to respond, the court may result to a default verdict on the case.

Other Alternatives
Since a whole litigation process may take a lot of time to resolve, most court rivals just lead to other legal alternatives like out-of-court settlements and arbitration. Settlements can be conferred by both parties even if the litigation process is still on going. This is considered as a more cost-effective option compared to court trial.

Meanwhile, arbitration refers to the legal process in which both parties agree to have a neutral party to look on their case and impart his judgment on the case. However, this abbreviated alternative is quite informal. Nonetheless, a number of courts are in favor of this kind of case resolution especially if the problem involves minor offenses or crime.

In a normal situation, both parties who agree to be engaged in arbitration cannot make any objections on the decision of the arbitrator.

The Trial Process
If both parties do not come up with other alternatives, then the trial proceedings will take place. For this instance, both parties will be given their time to present their evidences to support their accusations or defense. Both lawyers will also be given their time to question the plaintiff, defendant and their respective witnesses (if there is any).

Once both parties have presented their side on the case, it is now the time for the judge to give his decision based on the strength of the evidences presented and the statement credibility of both parties including their witnesses.

By: Rainier Policarpio

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Foods and Diets Litigations
Laura Ciocan

Attorneys and Litigation presents the following article about food and diet litigation.  Do you believe that you have a case regarding a food item or diet item for which you want legal representation?  Contact an attorney in your area for specific information.

Why is that food processing and commerce are not strictly regulated by law so as to prevent health problems generated by an inadequate diet? Unhealthy products encourage an unhealthy diet, appealing the consumer by their availability within reach and the invading advertising. If the food producers are controlled by health officials, then it must be that the regulations are too lax in as far as marketed foods are concerned.

Everyone knows that, for instance, hydrogenated oils and partially hydrogenated oils are highly unhealthy. Tons of studies and informative material have been published, yet there is a population segment that still falls into traps saying that margarine is a "healthier alternative for butter, full of vitamins", when in fact the trans-fatty acids it contains surpass the "healthy benefits" it offers. For this particular case, all foods containing hydrogentated oils (if the law allows their production, though it shouldn’t) should have a health hazard warning (like those on the cigarette packs), saying something like "This product contains trans-fatty acids that increase the risk of heart disease". Thus, people would be constantly reminded of the bad effects of such products on health.

Generally, when it comes to foods and dieting, people should be advised of the potential inconvenience that might occur due to some ingredients or the way the food is prepared.

Take for instance the case of the release of so many diets that are not documented, not officially controlled and approved, promissing great things but not being explicit about the great problems they generate. Such as the very popular Atkins, for instance, which is a real danger to health.

I wondered why such anti-health practices are not forbidden? Oh, pardon me! Why should I wonder? It’s obvious: in an ever growing pragmatic course of events, the industrial interests have overpassed the interest for the health of people.

At this point, the role of the well-informed consumer is decisive for his own health. And if people are not fully convinced by so many scientific studies, informative articles and materials, then they surely become when finding out of the multitude of lawsuits against food producers (such as Kraft Foods Inc, the producers of Oreo cookies), fast food chains (McDonald’s) or promoters of diets (such as the Atkins diet).

The producers of the popular Oreo cookies, Kraft Foods Inc were sued in 2003 by the attorney Stephen Joseph, who based his accusations on a provision of the civil code of California saying that manufacturers are liable for products if the consumer is not advised of the products’ unsafety. He rightfully claimed that the public was not aware of the high content of trans-fats in Oreos. He declared that he sued out of concern for the public health and that no money was requested in the lawsuit, which he finally withdrew, explaining that the publicity on this case had made people aware of the health risks enhanced by the product. Anyway, if the lawsuit was intented as bad publicity for the Oreos, the aim was not reached, as Kraft Foods Inc will continue to produce Oreos in a trans-fat free version.

Another famous case of litigation is the suit from 2002 against McDonald’s. The lawsuit was filed by the lawyer Samuel Hirsch on behalf of some obese children. The lawer sustained that the fast food producer mislead the consumers into believing that the products were healthy and safe and claimed that the children developed health problems such as diabetes, high blood pressure and obesity because of eating McDonald’s products. The suit was dismissed on the grounds that no one is forced to eat at McDonald’s and that the law has not the role to moderate individuals’ excesses.

A recent date "diet trial" is going on in Florida. The suit was filed by 53-year-old Jody Gorran against Atkins Nutritionals on May 26, 2004. The plaintiff claims that after going on Atkins diet his cholesterol level increased so much that he needed angioplasty in order to unblock an artery. In addition to financial damages, there is also the request that the company warns the public of the potential dangers of a diet favoring meats, cheeses and other high-fat proteins by labeling their products. The sequel is yet to come.

Even if some of these lawsuits started out of reasons beyond humanitarian, (as for instance the chase for money from damages that such important companies would pay) they have a positive result, namely, the publicity around such cases arises questionning, gives people the idea of doubt, the "assumption of guilt".

About The Author

Laura Ciocan writes for http://www.dietsindex.com/ where you can find more information about diets.

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Attorneys and Litigation presents the following information regarding civil litigation.  Contact an attorney in your area to get specific advice regarding your potential civil litigation. 

Getting involved in a lawsuit can be a very stressful situation, regardless of which side you are on. To limit the stress, it often helps to understand the process and stages of litigation.

The Stages of Civil Litigation

What is civil litigation? Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sue for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff’s complaint, the plaintiff is usually allowed to amend the language and refile it.

The next stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party’s legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.

Assuming the plaintiff survives a motion for summary judgment, the next technical step of a lawsuit is to actually go to trial. Before that happens, however, the parties are usually sent to an arbitration hearing in which a mediator tries to cut a deal between the parties. This process is also known as a settlement conference. If they settlement cannot be reached, the court will then set the matter for trial and off you go.

At the end of the day, the average civil lawsuit will take a while to get from filing of the complaint to trial. The exact time is dependent upon the state you live in and how busy the courts are. Criminal matters tend to take precedent over civil matters, so you can often be waiting awhile. In fact, it can often take a year or more before a civil matter goes to trial.

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Attorneys and Litigation presents the following article to assist you with ideas on how to protect your business from litigation.  Contact an attorney in your area for more information about your specific case.

Despite headline-grabbing jury verdicts awarding millions of dollars to grievously injured victims, the vast majority of lawsuits never go to trial. The typical lawsuit settles, but only after the lawyers have been paid their fees. For most businesses, litigation is a necessary headache that rarely adds to the bottom line. It is something to be avoided. Discussed below are three common but easily avoidable mistakes that lead to unnecessary litigation.

Get It in Writing!

The most common mistake we have seen through the years is business people who did not put their agreements in writing. Many disputes would never happen - and many others would settle much more quickly - if the parties had put their agreement in writing.

Putting your agreement in writing serves several purposes:

* Avoiding miscommunication. Even honest business people acting in complete good faith can disagree over the terms of an oral agreement. Putting your agreement in writing helps ensure that both sides understand what they are agreeing to do - so there are no surprises down the road caused by honest, but costly, misunderstandings.

* Protecting against selective memories. Again, even honest business people can have one-sided memories of what the terms of an agreement were; especially when they are not happy with how the agreement turned out when put into practice. Putting the agreement in writing reduces the possibility that failed memories will lead to a dispute.

* Avoiding fraud. If the other party to a business agreement refuses to put its promise in writing, that promise is probably not worth the paper it is (not) written on. Beware of doing business with someone who is not willing to put his or her promises in writing.

Get It in Writing - Again!

After you have entered an agreement and the parties are carrying out their obligations, sometimes the deal changes. Your written agreements should reflect the changes. If the parties to an agreement agree to change the terms, confirm the changed terms in writing. Many contracts specifically state they cannot be amended unless the change is in writing and signed by both parties.

Follow Your Agreement.

Once your agreement is in writing, make sure you follow it! Many contracts are broken because a party cannot perform in a way that makes economic sense. But occasionally disputes will arise because a party who could have properly performed its obligations failed to do so simply because an employee "dropped the ball." If your employees are responsible for carrying out the agreement, make sure they are aware of their obligations, such as performance deadlines. A thoughtful and well-written agreement can help you avoid disputes only if you and your employees understand and remember to follow its terms.

This article constitutes general information only and should not be relied upon as legal advice.

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Attorneys and Litigation presents the following article on the legal definition of wrongful death.  If you believe you have a wrongful death lawsuit regarding a loved one, contact an attorney in your area for more information and possible representation. 

As the defined under the law, wrongful deaths are those fatalities that resulted from another party’s negligence, illicit acts or even inactions. These may involve a person, a business entity, an organization or a combination.

Every year, thousands of wrongful death claims are being filed across the United States. These lawsuits vary from each other. Legal remedies also depend on the manner of the victim’s death and the actions undertaken by the defendant.

Common Causes of Wrongful Deaths

Numerous incidents lead to unjustifiable death of most victims. These include:

Vehicular accidents - examples of these are car collisions, pedestrian accidents, airplane catastrophes and boat capsizing in which the drivers, vehicle manufacturers or owners are found to be guilty of failing to perform their duties of ensuring people’s safety.

Use of defective products - under the product liability laws, the manufacturers, designers and distributors of a merchandise found to be having flaws can be charged if it caused injuries or the death of its end user

Medical Malpractice - health care professionals have their own standards of providing cure to their patients. Any misjudgment to their patients ailments that leads to death can result in a wrongful death lawsuit

Visiting or working on hazardous places - various laws compel the employers or even property owners to ensure the safety of the workers or people who visit their properties. If they fail to maintain a hazardous free environment, then it may also cause them serious legal actions if someone dies in their property.

Animal attacks - animal handlers and owners have full responsibility over the behavior of their pets. If it happens that their animals attack an individual who consequently die from the incident, they will be the ones responsible under the law.

These scenarios are often associated with negligence, which is the primary ground why the defendants may be charged and demanded of damages.

Pursuing a Legal Action

The families of the departed victim may pursue several legal procedures in order to seek for justice. However, due to the intricacy of going through the process of wrongful death litigation, many rely on resolving the case in an out of court settlement.

In pursuing settling a case outside the court, both parties, the plaintiff and the defendant, may prevent hearing most of those technical terms used in a formal litigation proceedings. Hence, they will certainly have better chances of arriving at a common point wherein both of them will benefit.

Unlike court litigations, which may range from six months to several years to conclude, this type of alternative dispute resolution may last in just a few meetings. If both parties have agreed on their first talk, this would mean that the case is near to resolution.

Yet, a settlement procedure definitely has to have the proper guidance and representation of a qualified wrongful death settlement attorney. This is to make sure that both parties are not violating the rules that may nullify their agreement. Further, the respective counsels of each side will ensure that their rights are well protected.

For your legal concerns, feel free to contact our wrongful death settlement attorney at http://www.attorneyservicesetc.com/Wrongful-Death-Settlement-Attorney.html and we guarantee immediate assistance for your cases. Our Los Angeles attorneys are experts in bringing favorable results in wrongful death claims.

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Why Parties Engage In Real Estate Litigation

Attorneys and Litigation presents the following information on Real Estate Litigation.  Contact an attorney in your area if you have a real estate litigation case.

Owning a home is a big part of the American Dream. For many people, this will be their ultimate investment. Therefore, it is no wonder that homeowners do not blink twice when it comes to protecting their most valuable possession. These days, real estate litigation is to the property owner, what the mamma bear is to her cub.

Real estate litigation has become front and center in the news, thanks to a man named Donald Trump. When city officials from Palm Beach, Florida proclaimed that the American flag he was flying on his property violated zoning laws (among other things), he decided to sue them rather than take down his flag. Trump’s lawsuit accuses the city of ’selectively enforcing its ordinances’ since flags in other parts of the city are also in violation. Trump stated in October, ‘The day you need a permit to put up the American flag, that will be a sad day for this country.’ The outcome of the lawsuit remains to be seen, but let’s hope ‘The Donald’ is right.

Trump is not alone in his frustration over seemingly petty issues involving real estate. A number of people found out the hard way that their neighborhood Homeowners Associations (HOAs) have some pretty ridiculous stipulations in their Covenants, Codes and Restrictions (CC&Rs). For instance, an elderly lady in Long Beach, California, who walked with a cane, racked up hundreds of dollars in fees for simply walking her cocker spaniel on a leash through her condominium’s lobby. Apparently, the HOA rules stated that all dogs must be carried.

A California couple found themselves in real estate litigation because their HOA foreclosed on their home because they had failed to pay their HOA dues. One of them had fallen seriously ill and they had neglected to pay the $120 annual fee for the first time in 6 years. Instead of alerting the couple, the HOA gave them 30 days to vacate the premises. Luckily, a real estate litigation attorney stepped in to help them and managed to save their home.

Homeowners Associations are also notorious for not following their own rules. One Florida woman’s HOA tried to have her removed from the community’s swimming pool because she was wearing a thong bikini. They went so far as to call the police. However, there was nothing in the CC&Rs stating that thong bikinis could not be worn at the swimming pool. The police left without any incident. This is a classic case of abuse of authority. She is now suing her HOA for emotional distress as well as negligence of some of their own contractual obligations.

As further proof of the bullying tactics used by some HOAs, one newly formed HOA in Arizona tried to subject current lot owners in the subdivision to mandatory membership. However, through real estate litigation, the current homeowners in the neighborhood were able to prevent this from happening. It seems there were no recorded deed restrictions outlining this so-called required membership.

Conflicts with homeowners associations are not the only issues handled through real estate litigation, though. There are numerous, more serious situations in which this type of litigation comes into play. One such example has to do with boundary disputes between lot owners. Encroachment issues are usually discovered when a property changes hands or when fences are put up between houses. While no one likes the thought of beginning a legal battle with the neighbors next door, property lines do matter. Real estate litigation is a logical option in cases where there is an uncooperative party involved.

Also, title issues can be a very serious matter. Nothing can hinder a property exchange quicker than discovering an unrecorded deed or an outstanding lien on the property in question. Real estate litigation is often involved in clearing up what is sometimes called a ‘clouded’ title.

Above are some of the most common reasons parties engage in real estate litigation. However, people can turn to this type of litigation for help in resolving almost any problem involving real estate. Buying a home or other property is a huge investment. Protecting this asset as much as possible only makes good financial sense. Sometimes a little legal help is all it takes to prevent the American Dream from turning into a personal nightmare.

By: Austen Koberstein

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Written by: Austen Koberstein.

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Cover Your Assets!!!
David Jacquot

Attorneys and Litigation offers the following article regarding how to cover your assets should litigation against you arise.  Contact an attorney in your area that can assist you and defend your specific case.

You’ve worked hard to develop your career. You did it for yourself. You did it for your family. You did it for your retirement. You did it for your family’s future.

You didn’t do it to become a target of some lawsuit designed to take it all away. But unless you protect your assets, you are just such a target.

THE PROBLEM: Litigation Epidemic & Lack of Financial Privacy

LITIGATION EPIDEMIC. There is a litigation epidemic in this country. Predatory contingent fee lawyers file thousands of lawsuits each day, many of them with little or no merit. However, juries are awarding unrealistically high verdicts in many of these cases.

Ever expanding theories of liability continuously fuel this litigation frenzy. Each successful case is a stepping stone for expansion of liability theory. A decade ago people would have laughed at smokers suing tobacco companies, but today it is a reality. The recent recall of the diet drugs Redux, Fen-phen and the pain drug Vioxx has resulted in an explosion of suits suing doctors for prescribing what was a government approved drug.

Also fueling this litigation fever is the modern day version of the ‘Robin Hood’ attitude of ‘take from the rich and give to the poor.’ Suits are rarely brought against someone with no assets or no large insurance policy. In determining whether to sue someone, attorneys will often try and determine whether or not the target of the suit has enough assets to make the suit worthwhile. As discussed in the section below on financial privacy, inexpensive computerized searches can show virtually every asset you own. If the potential pay-off is large enough, a suit will be filed.

Insurance is a two-edged sword. It is a necessary component of all financial planning, but large policies can actually attract litigation. Not only do large liability policies attract litigation, but they can provide a false sense of security. In a substantial number of cases, insurance coverage is NOT available to pay the claim due to policy exclusions for items such as punitive damages, intentional acts, discrimination or sexual harassment. Verdicts have also exceeded the coverage limits of policies that are available, and insurance companies even have gone broke.

Don’t fool yourself by thinking that you will be OK, because you won’t do anything wrong. You don’t need to personally do anything wrong to be held liable for damages. In many cases the person held liable had nothing to do with causing the alleged harm. For example, business owners can be liable for employee sexual harassment and auto owners can be liable for a teenage driver’s accident.

Lastly, rarely does anyone with wealth have a trial by a jury of their peers. Successful businessmen and professionals are often able to be excused or find a way to be excused from jury duty. Additionally, they are excluded from juries by attorneys that are trying to ’stack the deck’ in their favor. Take a look at the twelve people surrounding you next time you are at fast food restaurant and decide whether you want them to decide your financial future.

LACK OF FINANCIAL PRIVACY. Virtually every financial aspect of your life is currently being tracked, categorized, filed, numbered, referenced, documented, qualified, registered, indexed, recorded, listed and archived by private and government sources. This information can be retrieved almost instantaneously through computer searches by government officials, attorneys that want to sue you, and many other persons. If this is not enough, the federal government spends millions of dollars each year on informants. These informants provide information to the IRS, FBI, and other government agencies. Often these informants are disgruntled ex-employees, spouses, neighbors, or other persons that are close enough to you to be able to obtain vital information.

THE SOLUTION: Asset Protection Planning

VACCINE AND NOT A CURE. Unless you take proactive steps to protect your wealth, you stand a substantial risk of losing it. For asset protection to work, the planning must be done in advance of the occurrence of the event that is alleged to have caused the liability. Planning and transactions that occur after an event of liability can be considered fraudulent conveyances, and such planning will only compound your liability. In short, asset protection planning is an effective vaccine, but is not a cure to liability.

ASSET PROTECTION METHODS. In ALL business and estate planning arrangements care should be taken to create effective asset protection. You need to develop an asset protection mindset. Asset protection is a process, not a solitary act. Every good asset protection structure requires diligent maintenance to ensure its function.

Asset protection is accomplished by segregating personal assets from business assets and then segregating assets from liabilities. This compartmentalizing of assets and liabilities is done with corporations, limited liability companies, domestic trusts, offshore trusts and combinations of the same. It also usually includes proper insurance coverage.

Explaining all the tools available to protect your assets is well beyond the scope of this short article. Rather, the purpose of this article is to get you thinking about the need for asset protection and to reach a decision to take active steps to protect your wealth. Asset protection planning needs to be an important portion of your financial plan.

TAX COMPLIANCE. In addition to the pure financial aspect of protecting your assets, there is also a significant mental and emotional component. This component is the ‘peace of mind’ that you get from knowing that you are financially secure. One very easy way to destroy this peace of mind is to get sideways with the IRS. If you intend to adequately protect your assets and your peace of mind, you need to be tax compliant.

Often effective asset protection plans create a perception of hidden assets. This ‘camouflaging of assets’ should not lead you to think that ‘out of sight’ means you do not need to pay all applicable taxes. Taking such a position is tax evasion, and can lead to financial disaster and even criminal prosecution. A properly functioning asset protection structure will be tax compliant and all applicable taxes will be reported and paid.

The power of the IRS is vast and they have the ability to break many asset protection devices. Even if they cannot reach all your assets, the process of an IRS dispute can be mentally and emotionally draining. If you find your asset protection structure under audit or attack by the IRS, you need to immediately retain a qualified tax attorney to represent you.

CONCLUSION. The wealth predators are prowling. They know who you are and they know what you own. One slip can lead to a litigation feeding frenzy. You must protect your wealth or lose it. Develop a defensive mindset in all your financial affairs. Also, protect your peace of mind. Do not slip into the trap of being non-tax compliant. If your wealth is attacked, defend with the best litigation attorney you can find. Likewise, if your affairs are challenged by the IRS, hire the best tax attorney you can find. Cover your assets!!!

Copyright 2005 David Jacquot

About The Author

Tax Attorney David Jacquot, JD, LLM provides aggressive representation NATIONWIDE to businesses and individuals with tax problems or facing criminal tax investigations and trials. A description of his education and experience can be found at http://www.4taxhero.com. He can be reached toll-free at 866-4-TAXHERO (866-482-9437), locally at 208-691-2479 or via email at dave@4taxhero.com.

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Attorneys and Litigation offers the following article regarding how to best prepare for successful litigation in California.  Contact an attorney in your area to find out your options for potential litigation.

Preparation Is The Key To Success In California Litigation

In California, filing a lawsuit requires a lot of thinking and consideration. Weigh your reasons why you want to charge. Is it valid? Do you have a reasonable cause to take legal action? What are your intentions for pursuing the suit? Is it because of money or is it to seek revenge? Do you want to obtain justice?

While you may have several good reasons to file for a lawsuit, you must first understand the consequences of pursuing a legal action. Litigation may take a long period, consume substantial amount of money, and may entail disappointment, hardships, and frustration. There is no assurance that you will be successful if you decide to go into court.

Thus, it is important that you evaluate your options first, and prepare considerably. It is highly advisable that you consult legal assistance with a good litigation attorney. He or she can help you weigh your chances. You and your attorney may take several steps in preparing for a civil action:

Research the facts of your claim and assess whether all the elements of possible grounds for action are present

Collect all possible evidence against the party you are about to sue

Contact and convince witnesses to give their accounts and state under oath against the offending party

Evaluate your mental and emotional state to see if you are capable of handling the pressures and difficulties of a jury trial

Collect required funds for filing fees, court costs, and attorney’s fees

Consider if a countersuit could be filed against you, and if necessary, make essential preparations

Consider all possible damages that you may receive in case you are awarded a favorable decision

Research the statute of limitation imposed on your case, and prepare to file before the statute waives your right to claim

Assess all your legal rights and the potential consequences of your decisions

Create and develop a strategy before proceeding

In the event that you and the offending party were not able to agree on a settlement and if you are completely determined filing charges against him or her, then you may do so.

Although getting a legal representative is not compulsory, having one can be very helpful since legal representation is needed to best prepare your claim and protect your interests. An attorney can also help you with the legal procedures. Not everybody knows how to take the initial steps in filing their cases.

It will be difficult if you do not have a legal authority in California to represent, speak and act on your behalf. You may be confused on how to proceed and on what actions are best to take. You will also have to carry all the pressures on your own, which will make your legal case more stressful and complicated to manage.

In California, numerous attorneys are highly experienced in litigation. Find an attorney who is well versed and familiar in handling your claims. Seek the help of one who has expertise on your type of case. This will definitely ease your burden of having to face intricate laws and processes involved in your case.

For reliable assistance in your legal worries, rely on the capabilities of our expert California litigation attorneys. Just log on to our website and fill out our case evaluation form to get free legal advice from our law experts.

By: Jinky Belle Abelardo

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Attorneys and Litigation wants to help YOU find clients and build business. 

Are you an attorney that would like to offer advice and suggestions to potential clients?   Do you have specific information regarding litigation that would be helpful to potential clients searching for YOU?

Would you like to advertise on our website for FREE?

We are looking for guest bloggers and attorneys and/or law firms that are willing to provide us with current, unique content.  In return, you will receive completely free advertising and promotion of your services.   In a challenging economy and tough business environment, every lead counts. 

In a nutshell, you can use the power of our website and our social media savvy to seek out new clients and build business.  The internet is a powerful marketing tool, potential clients are looking for attorneys to assist them with their legal needs.  Don’t let the competition get those clients, be proactive and harness the power of blogs and social media.

Please contact us for more information and how to get started with building your business today!  Simply email me at info@imaiusa.com.

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Attorneys and Litigation presents this article regarding how to get your soon-to-be ex-spouse to agree to Medation.  Contact an attorney in your area to assist you with the Mediation process.

Secrets For Getting Your Spouse To Agree To Mediation

If you’re getting divorced and want to avoid hiring a lawyer or going through the circus of pain that usually takes place in courtroom litigation, you may want to consider divorce mediation as an alternative path to ending your marriage.

Getting your spouse to agree to mediation, however, can sometimes be easier said than done!

If you’ve already researched mediation and you’d like to warm your soon-to-be-ex to the idea, here are three tips to help you get your spouse to agree to mediation:

Tip #1: Give Them Mediation Literature or Have Someone Call Them to Explain

If you’ve already agreed to end your marriage, emotions can run high even in the best of situations. You can try your best to explain the benefits of mediation but if your spouse is angry or bitter at you, chances are he or she will not listen and may even do exactly what you don’t want them to do in order to hurt you.

If you want to present the idea of mediation, it’s possible that your spouse will be more receptive to getting the information on mediation from someone other than you. Consider giving them some literature to read in their own time or have a mediator give them a call and explain the process.

Tip #2: Discuss the Benefits of Mediation to Your Spouse

Many divorcing couples aren’t even aware that divorce mediation is an available alternative to a traditional court-litigated divorce.

Consider that your spouse may not even understand what mediation is, and if you present it incorrectly, they may think it’s a ploy for you to get more out of them than with a judge or to take them for all they’re worth.

Let your spouse know that with mediation, the two of you will be deciding where your belongings go and how the child custody arrangements will work. Let your spouse know that he or she can still hire an attorney but that with mediation it’s optional and that without this, the two of you can save considerable money.

Also let your spouse knows that mediation is much calmer and more civil than courtroom litigation - this option will not only be easier on the two of you, but also on any children you have together.

Tip #3: Explain How Mediation Will Help you Be More Cooperative

Your spouse may not know how much easier and calmer a divorce mediation can be as opposed to a traditional court-litigated divorce.

Explain how hostile an environment a courtroom can be and how much more civil and cooperative you both will be if you choose mediation. Your spouse will realize that he or she may be able to get more of what they want if they go the mediation route. You will realize the same thing!

Mediation truly is much better than courtroom litigation in so many ways. Although getting this point across to your spouse can be pretty difficult at times, using the information and tips in this article can help you do it effectively. Best of luck!

By: Rick D. Banks

Article Directory: http://www.articledashboard.com

ABOUT THE AUTHOR :

Rick D. Banks is a nationally recognized divorce and trial attorney and mediator. His website, www.NoBSDivorceAdviceGuide.com, provides a wealth of information and resources on everything you’ll ever need to know about divorce

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