What You Need to Know about Litigation Law

Posted on : January 25, 2015

img_brd4If you are involved in a legal dispute and a lawsuit needs to be filed, a Arlington civil litigation attorney advises that your case will likely involve litigation law. Not every lawyer is a qualified litigator.

Demand Letters and Initial Negotiations

In a typical dispute, the parties will first discuss the matter directly and attempt to reach an understanding. If both parties cannot reach an agreement, then a Arlington civil litigation attorney advises you to retain an attorney. That attorney will investigate the case and send a demand letter to the other party. This letter describes what the other party must do to avoid legal action. Demands include payment of money, ceasing of certain activity or whatever the party believes to be fair compensation.

Filing a Lawsuit

When the dispute cannot be settled during initial negotiations, then one side will file a formal lawsuit.

Conducting Discovery

Discovery involves exchanging of documents, evidence and other information between the parties. Discovery is required and mandatory.

Motion

Both parties will review all they learned in discovery. At this time the defendant will most likely file a motion for summary judgment. This is an argument that the defendant is not responsible for any of the plaintiff’s allegations.

Trial

If the judge denies the motion for summary judgment, or one is not filed, then the case proceeds to a trial. Depending on the case, it will be heard in front of a judge or a judge and a jury.

Appeal

A jury trial can take weeks, and the losing party can file an appeal.

Whether your dispute is large or small, the help of an experienced litigator will make your case stronger. For more information on litigators and the lawsuit process contact Arlington civil litigation attorney Paul S. Schleifman  at (703) 528-1021.

Fiduciary Duty: A Brief Overview

Posted on : January 8, 2015

Arlington breach of contract lawyersArlington breach of contract lawyers can explain that fiduciary duty is among the highest imposed by law. It refers to the duty that one has to care for the rights or assets of another person or other entity. The person holding this responsibility is known as the fiduciary, and they must act in the best interests of the entity or person to whom the duty is owed. They must do so even if it’s not in their own best interests.

Fiduciary Basics

Examples of fiduciaries abound. They include members of the board of directors for a corporation or homeowners’ association, who must act in the best interests of shareholders, employees and residents. Attorneys, accountants and insurance agents may also be fiduciaries. When a fiduciary puts their own interests ahead of your own, they breach their fiduciary duty and may face serious repercussions. Arlington breach of contract lawyers are routinely retained to assist in such matters.

Breach of Fiduciary Duty

Fraud and insider trading are examples of breaches of fiduciary duty. Those who are convicted of these and similar crimes often face civil, not criminal, penalties. However, if the breach was done maliciously or intentionally, punitive damages may be awarded as well. In very rare instances, such matters are handled in criminal court rather than civil court.

Hire an Arlington Business Attorney

If someone has breached their fiduciary obligation to you or you are being accused of doing the same, the help of knowledgeable Arlington breach of contract lawyers is in order. Contact Garry Miracle at (813) 655-3136 today.

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