The question is, “Can you force a mediation if you’re a party to a trust or will lawsuit?” The answer is probably not. You certainly can go to mediation by agreement of the parties. But if you want to go to mediation and the other side does not, you cannot force them. Keep in mind, […]
Many clients have asked us, “What happens at a mediation? This is a general response. You will go to a central location in, for example, Los Angeles, to a mediation center. You’ll be put in one room with your lawyer or lawyers. Your brother or sister or whoever you are litigating against will be put […]
How does a mediation happen? It happens one of two ways. The first way is by agreement of the parties involved in the lawsuit. That generally means the lawyers that represent the opposing sides will have talked and assessed whether mediation is a good idea. They will have gone back to their clients, and asked, […]
You have filed a lawsuit in your trust and estate litigation matter. You’ve done copious amounts of written discovery. There have been four or five depositions in your case, and the judge orders you to mediation. You look to your lawyer and say, “What is mediation?” Mediation is a forum for you to settle your […]
Generally speaking, selecting an attorney is not an easy task. But, if you look at it from a big-picture perspective, if you are going into a trust or will lawsuit, you really want to think about what type of lawyer you should hire. I would strongly recommend that you find a lawyer who is experienced […]
How are you going to get out of your lawsuit? Getting into a lawsuit’s fairly easy. As a petitioner or plaintiff, you file a lawsuit. As a defendant, it’s served on you. And you find yourself in a lawsuit. Reaching a Settlement Agreement But getting out of a lawsuit can be a lot harder. Basically, there […]
Setting Expectations in Litigation is Crucial Litigation Lawyers at Albertson & Davidson LLP are experienced in that setting expectations in the beginning of your case is a top priority. Well, welcome to litigation. I wish I could tell you that litigation is quick and easy and resolves and that justice will be found and everyone […]
It’s not easy hiring a lawyer. It’s never fun in your lifetime to say, “Oh, goodie, I get to go out and hire a lawyer today.” But there are some things you can do to increase your chances of getting a lawyer that you’ll work well with. Give Yourself Options when Researching Attorneys What we suggest is […]
Family agreements can often be some of the most confusing areas that we deal with as trust and will litigators. The reason is that when families agree to do things for one another, they tend not to document the agreement in writing. They don’t think of the family agreement as a contract in the sense […]
There’s a difference between the lawyer who represents the Trust that you’re a Beneficiary of and the lawyer that represents Beneficiaries. A very big difference. And the reason there is sometimes confusion is because somebody becomes the Beneficiary of their parents’ Trust and they believe they can call the attorney who’s handling the Trust Administration […]
