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Litigation generally involves the filing of a lawsuit in a court of law. I represent plaintiffs as well as defendants in federal and state courts. From the plaintiff's perspective, I believe that litigation should be entered into cautiously because it can be expensive and in most cases attorneys fees are not recoverable. This means whatever damages you recover will likely be offset by your legal fees. Therefore, litigation costs and potential recoverable damages should be carefully considered from the onset.
I view litigation from the perspective of your bottom line. It does little good to win a lawsuit if your legal fees are more than the amount you win or if the loser does not have any funds with which to pay you. However, there are situations when injunctive relief is sought in addition to money damages. Litigation expenses are still important considerations in that context.
The foregoing considerations necessitate a thorough exploration of settlement possibilities not only prior to filing but at every stage afterward. Although settlement generally leaves all parties a little disappointed, it is usually preferred to long drawn out litigation. Then the lawyers are usually the only ones to benefit. Sometimes it is necessary to fully litigate a matter, so I counsel my clients to make sure they can afford to go all the way if they have to.
I represent clients in a variety of litigation matters including patent, trademark, and copyright infringement, as well as general contractual disputes, to name a few. While there are some litigation matters that I do not handle (e.g. employment law, probate, workers compensation, personal injury), I do handle many other types of lawsuits not mentioned above, so call me to inquire about your specific case.
I also handle appeals. Appellate work involves brief writing and oral arguments. The attorneys argue before a panel of judges under very limited time constraints. No testimony is taken from witnesses. Time is critical for appeals because one must appeal quickly after judgment to avoid losing the right to do so.
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