Plaintiff Representation: Bringing Suit
If you have been injured or otherwise damaged, we can accurately assess your chances of success in court with a free, no obligation consultation.
If we determine together that filing suit is the right course of action, we have the staff and resources to quickly bring your matter to the attention of the court.
The first step in any action is the filing of a complaint, wherein we inform the court of your grievance. The filed complaint is served upon your defendant with a summons, and following service, the defendant has thirty-five days to provide an answer. If an answer is not filed within the applicable time frame, we inform the court that the defendant has defaulted by failing to answer, and schedule a hearing called a "proof hearing." At the proof hearing, we present evidence to the court to substantiate your claim, and the court will enter judgment in your favor.
If the defendant does file an answer to the complaint, we enter a phase called "discovery," wherein the parties have the right to request information and documentation substantiating all claims and defenses. Discovery may be in writing, or it may take the form of oral depositions, where the party being deposed gives testimony at a law office, rather than in court. Any evidence, whether documentative, or oral testimony, may be used at trial, so long as not excluded by the rules of evidence.
After discovery, if the matter does not settle, the court will schedule a trial date. At that time, all evidence and witnesses are brought before the court so that the judge or jury can make a decision. If you win, the court will enter judgment in your favor.
Whether receiving judgment by default or decision, your judgment must now be collected. If the defendant will not willingly make payment, we must try to search out and attach any assets that the defendant may own.
Civil cases such as these are handled on an hourly fee basis, or on a contingency basis, where your legal fee is a percentage of the total amount recovered. The manner in which we are paid is decided on a case-by-case basis.
If you believe you may have a case, feel free to call for a free consultation.
Defense Representation: What if I get sued?
If you are named as a defendant in a complaint, your first step is to find an attorney that you trust to represent your interests and provide a comprehensive defense.
Following our initial meeting, our first step will be to file an answer to the plaintiff's complaint wherein we provide the court and the plaintiff with our defense. Note that we have thirty-five days to provide an answer so it is important to contact an attorney as soon as possible. If an answer is not filed within the applicable time frame, the plaintiff will inform the court that you have defaulted by failing to answer, and schedule a hearing called a "proof hearing." At the proof hearing, the plaintiff will present evidence to the court to substantiate his claim, and the court will enter judgment against you without hearing your side of the story.
If you do file an answer, we then enter a phase called "discovery," wherein the parties have the right to request information and documentation substantiating all daims and defenses. Discovery may be in writing, or it may take the form of oral depositions, where the party being deposed gives testimony at a law office, rather than in court. Any evidence, whether documentative, or oral testimony, may be used at trial.
After discovery, if the matter does not settle, the court will schedule a trial date. At that time, all evidence and witnesses are brought before the court so that the judge or jury can make a decision.
Civil defense cases such as these are handled on an hourly fee basis.
If you have been served and need advice, feel free to call for a free consultation.
Municipal Court
Our firm represents clients on a regular basis in connection with municipal court matters. Whether you have received a summons for DWI (driving while intoxicated), speeding or some other violation of the motor vehicle law or a simple criminal complaint, we can usually help.
Under most circumstances, these matters are not brought to trial. While the prosecution must prove your guilt beyond a reasonable doubt, the testimony of the complaining officer is usually given sufficient credibility to allow conviction, unless the defendant can show otherwise. To overcome testimony of a police officer, you as a defendant must provide other independent evidence, including witness testimony, photographs or other objective evidence to prove your case.
If you do not have this type of evidence, we can, in most cases, arrange for a plea bargain, wherein you agree to plead guilty to a lesser offense in exchange for a lesser penalty. For example, a speeding ticket that could add four points to your license may be reduced to a two or zero point ticket.
While the fines that you pay in connection with a plea arrangement may be higher than the usual fine for the original offense, you will avoid the usual assignment of points, which could expose you to annual insurance surcharges, higher insurance premiums, or loss of your license. Please note that some offenses, such as driving while suspended and DWI are usually not negotiable. However, if more than one ticket is issued during a single incident, we may be able to arrange for one or more to be dismissed in consideration for your guilty plea to at least one of the violations.
Whether you go to trial or we work towards a plea arrangement, the firm bills hourly for our work, with a minimum fee of three hundred and fifty dollars.
If you would like more information, or if you need to discuss your particular situation, please call the office for a free consultation.