Representing You in The Court Room
Most people do not want to get into a lawsuit. But if you have a legal dispute, you need an experienced legal team that can advocate for you and guide you through the process. Our litigation group has represented clients through disputes in state and federal court in Washington, Idaho and Oregon. We help individuals and businesses with cases in a number of different areas.
Some of the areas we focus on include:
- Business Disputes—breach of contract claims, partnership and member disputes, breach of fiduciary duties by officers and directors, and more.
- Real Estate Disputes—easements, encroachments, contracts, evictions, adverse possession, etc.
- Construction Disputes—breach of contract, liens, defective construction, administrative violations and more.
- Employment Disputes—enforcement of non-compete and non-solicitation agreements, defending claims of wrongful termination, hostile work environment, breach of contract, etc.
- Probate and Trust Disputes
Is litigation expensive? How much will it cost?
Yes. The bottom line is that litigation is expensive. It is very difficult to estimate how much it will cost to resolve a case because it is an adversarial process. The other side can make litigation difficult and costly by demanding discovery, filing motions and resisting our requests. We work to be as efficient as possible in representing clients to keep costs down. But in our experience, the best way to settle the case is to work hard at the outset and show the other side that we are prepared to go to trial and win if necessary. If the legal issue is important, most clients find that it is well worth the cost to have experienced counsel representing them.
If I win, will the other side have to pay my legal fees?
Not necessarily. The default rule in most states is that each side pays for their own fees unless there is a specific statute or contract that entitles the prevailing party to an award of fees. Even then, courts will often reduce the amount of an attorney fee award below what it actually cost to reach a verdict. We typically advise clients not to go to court banking on getting their attorneys’ fees paid for.
Do you take cases on a contingency fee?
We generally do not take cases on a contingency fee, which is where the firm only gets paid if they settle or win the case. Contingency fee cases are typically used in personal injury or some employment type matters. At WHC, we bill on an hourly rate for all work performed by our team.
Do you provide a free consultation?
We do not do free consultations because our attorneys analyze claims and provide advice at the initial meetings. To schedule a consult, you will be asked to pay for the time that the attorney reviews your documents and meets with you.
Do most cases go all the way to trial?
Most cases settle before the parties go to a full trial. A case can be settled throughout the life of the case, including before a lawsuit is ever even filed or even after a judge or jury has issued a verdict. Parties can negotiate a settlement on their own, through their counsel or through the use of a third-party mediator.
What is mediation? Can I demand the other side go to mediation?
Mediation is a structured settlement negotiation facilitated by a third party. Typically, a mediator is an experienced attorney or retired judge. The mediator cannot force the parties to enter an agreement but it is a very useful process for the parties to evaluate their respective positions and to see if a resolution can be reached.
Generally, you cannot force the other party to mediate the case, unless it is required by contract or a specific statute. In Idaho, if either party requests mediation, the court will usually order the parties to go to mediation.
What is arbitration?
Arbitration is sometimes referred to as a private trial. It is a case that is resolved outside of the court system. An arbitrator is usually an experienced attorney or retired judge, but the arbitrator usually has authority to hear the evidence and make a decision that is binding on the parties. Arbitrations can be less expensive and faster than a standard trial. Like mediation, you cannot always force the other side to go to Arbitration, unless it is required by contract or certain laws.
Do you need legal help?
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