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Litigation


The Litigation Process -- when Alternative Dispute Resolution is not an option.

Why engage in the litigation process? Some say, when all else fails, litigate. But it is not that simple. Sometimes the litigation process is the only option, such as:

The litigation process is the right choice when you need to get the other side's attention or to show them that you are serious;

Some matters of principle require that you "get your day in court";

Litigation services may be necessary if one party has been abused or is psychologically in a weaker position to negotiate;

Litigation law can help when you need quick, enforceable relief through an injunction or restraining order;

A litigation law firm can assist you when you have tried to reach a settlement and just can't.

What is Litigation?

Litigation is an adversarial process in state or federal court or before an administrative tribunal, which usually starts with the filing of a complaint. In litigation, unlike ADR, a third party - judge or jury - decides your fate. The litigation process can be very costly and rather long and time consuming depending on the complexity of the case and the cooperativeness of the other side(s). The entire process is pursuant to federal and/or state laws, rules and regulations. The litigation process generally follows these steps:

The complaining party (the "plaintiff") files a complaint.

The clerk issues a summons, which along with the complaint must be served on the defendant.

After the defendant is properly served with the summons and complaint, she/he must file a response with the court (except in limited situations).This is usually followed by Discovery, in which each side may have to answer questions in writing, produce documents to the other side, and have depositions taken.

There are almost invariably motions, in which a judge or court officer decides disputes between the lawyers (e.g. one side didn't produce the required documents) or between the parties (the other party should be held in contempt of court because he/she didn't do what the court ordered previously).
 
 
 

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Testimonials

"Today was the first time we used ADR's services. This was a case we actually had little hope would settle at mediation as the parties were over $50,000.00 apart. However, thanks to Kasra's skills..."
--Kristina L. Pywowarczuk, Esq.

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"Today was the first time we used ADR's services. This was a case we actually had little hope would settle at mediation as the parties were over $50,000.00 apart. However, thanks to Kasra's skills..."
--Amy L. Pywowarczuk, Esq.

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"Today was the first time we used ADR's services. This was a case we actually had little hope would settle at mediation as the parties were over $50,000.00 apart. However, thanks to Kasra's skills..."
--Kristina L. Smith, Esq.

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"Today was the first time we used ADR's services. This was a case we actually had little hope would settle at mediation as the parties were over $50,000.00 apart. However, thanks to Kasra's skills..."
--Jack L. Pywfffzuk, Esq.

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There are almost invariably motions, in which a judge or court officer decides disputes between the lawyers (e.g. one side didn't produce the required documents) or between the parties (the other party should be held in contempt of court because he/she didn't do what the court ordered previously). If the parties cannot settle the case, then the judge or a jury decides the case after hearing testimony and the presentation of all admissible evidence.

Business Litigation Lawyer Kasra Torabi Works on Many Types of Cases

Mr. Torabi has experience in a variety of cases, including business disputes (e.g. contract, intellectual property, international transactions, real estate/land use, construction, and insurance). In more personal matters, such small business disputes, he handles all of the professional matters personally, and always works directly with the client. Mr. Torabi has a proven record of being able to litigate effectively a variety of cases, in an aggressive yet cost effective manner. His experience lets him pull in the most efficient techniques from different types of litigation cases.