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Archive for the ‘Litigation’ Category

Boston Law – Litigation Attorneys Help You Avoid Civil Litigation

Tuesday, September 21st, 2010

Hiring a litigation attorney can help you avoid civil litigation. The first thing an attorney will do is conduct a thorough investigation to see what evidence exists to help you defend or avoid litigation altogether. During the investigation process, witnesses will be located and interviewed, documents will be gathered and the dispute will be examined for facts. Often, there will be pre-litigation settlement talks to attempt to resolve the dispute without a lawsuit.

If the settlement talks fail to bring resolution to the matter, a variety of pleadings and motions will be made before the court in an attempt to dismiss, change or amend motions brought by the plaintiff.

The pleadings are then followed by the discovery process, where both parties exchange relevant information and argue further motions before the pre-trial phase begins. Pre-trial is a time of preparation for trial, including retaining expert witnesses and developing a trial strategy.

If it becomes impossible to avoid civil litigation, a trial will take place and both parties will present their arguments. Fortunately, in most civil cases, a settlement is reached and a trial is avoided. A settlement can be reached at any point during a civil litigation. Settlements generally come as the result of conferences, negotiations, mediation, settlement brochures, releases and other legal materials.

If a settlement is not reached and your attorney does not win your case, you can still apply for an appeal to your personal injury case.

During the appeal process, your attorney will draft post-trial motions and work to identify and document issues that provide grounds for appeal. An appeal strategy will be developed as ongoing investigations and evidence gathering continues.

Your best chances to avoid civil litigation are by working closely with a skilled and experienced attorney who understands the rules and procedures in the court process. Civil litigation can be expensive and very time consuming. A case can be drawn out for a very long time, resulting in loss of work time, ongoing stress and continuing costs. The good news is a qualified attorney will very often be able to help you reach a settlement or perhaps find reasons to dismiss the suit and help you avoid civil litigation in the first place.

Lawyers in Boston of the MA general practice law firm Nigro, Pettepit & Lucas, with offices in Wakefield and Newburyport, provide full service litigation and dispute resolution in the Boston area and throughout Massachusetts. For more than 65 years, Nigro, Pettepit & Lucas, LLP has helped clients find comprehensive, global solutions to their legal matters or disputes, taking into account the short-term goals as well as the long-term goals of each client. Nigro, Pettepit & Lucas, LLP, has a well-earned reputation for dedicated and effective representation, creative legal strategies, and successful dispute resolution – both in court and at the negotiating table. Contact Nigro, Pettepit & Lucas, LLP, for a knowledgeable resolution to your legal problem.

Types of Litigation Financing

Monday, April 26th, 2010

Litigation financing companies provide the resources to fight a case in the form of a cash advance. It is offered to anybody who lacks the means to fight a case. Generally, lawyers are not allowed to provide means to their clients. But, they can recommend to their clients, the various litigation Financing options. Litigation financing is available for plaintiffs, attorneys and law firms, to meet immediate financial requirements. There are various types of litigation financing and individuals can seek professional help.

Plaintiffs funding is offered to plaintiffs on a non-recourse basis, which means that the plaintiff does not have to repay the loan if the case is lost. It is like a debt and attracts high interest rates. The amount received from plaintiffs funding is limited to only a certain percent of the expected settlement amount. Post-settlement financing can be of great help when there is a delay in receiving the settlement, after the case has been resolved. This form of financing is easily available. Appellate financing provides the means to attorneys to pursue a legal case. It also provides funds to plaintiffs, to satisfy their monetary needs. This form of financing is offered on a non-recourse basis. If the case is successfully resolved, the funding company receives a portion of the settlement.

Many funding companies buy structured settlement payments from injury victims. Attorney litigation financing involves loans to attorneys, on recourse, as well as non-recourse basis. Funding companies may postpone the payment of interest till the case is resolved. Many funding companies provide lines of credit, depending on a law firm’s reputation and profile. The companies usually set a limit for the provision of funds. Many companies make it mandatory for the law firms to settle all their debts, before the ending of each year.

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