Why do depositions happen? In my opinion, depositions are the best tool that a lawyer has before trial to gather information. That’s because you’re going to have either a party on the other side or perhaps a witness, who is going to be able to answer questions about what happened. They’ll have to answer follow-up […]
You’ve been involved in a trust and estate litigation for a few months now, and you’ve just learned that you are going to have your deposition taken. You ask your lawyer what to expect? What your lawyer will typically tell you is that you are going to go to a room where another lawyer is going to be taking your […]
What are the possible outcomes of a mediation? Obviously, the best outcome would be a settlement of the trust or will case. Keep in mind that to reach a settlement of the case, both sides are going to have to concede things in the mediation. Both sides go away a little bit unhappy. But they […]
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 […]
