Business and Civil Litigation

Your decision of whether to hire an attorney to resolve a dispute is very important. Most often a case is won or lost long before the client ever makes an appointment to see a lawyer. The lawyer can set you up for success by counseling you on what needs to be done before the suit is filed to put you in the best position to win your case. Remember that Arizona cases have frequently held that the pre-litigation activities of the parties are most probative in determining their intentions concerning the matter in dispute. An attorney may also help you resolve your disagreement by writing a demand letter to the opposing party or otherwise by conducting negotiations. An attorney can make a big difference in the outcome of your case.

The timing of your decision to commence a lawsuit is critical to the ultimate success of your action. If you have experienced a significant injustice, the court will expect that you will act promptly to seek recovery of damages for your loss. Your failure to act in a timely manner may be interpreted by the court as a sign that you do not feel your claim has merit. Delays may also result in the loss of critical evidence or the disappearance of important witnesses. Arizona law also has statute of limitations which prescribes a date when the claim must be brought or the claim will be extinguished due to the passage of time. Finally, any unnecessary delay may result in the disappearance of money or assets of the defendant which may be critical in satisfying the judgment.

If you are seeking a money judgment against an opposing party in the amount of $50,000 or less, your claim will be subject to arbitration. Arbitration means that the action will be decided by an Arizona attorney appointed by the Court. The purpose of this rule is to relieve the court of the backlog of cases filed by having them resolved by attorneys. The court will send both parties the name of the arbitrator and each party has one opportunity to strike an arbitrator. One potential strategy is to challenge the appointment of an attorney who has no experience in the area of law of the dispute or whose practice is more sympathetic to the other party. The decision of the arbitrator may be appealed to the Superior Court unless the parties agree in advance that the arbitration award will be binding.

The ultimate goal of the firm if you are involved in a legal dispute is to resolve your matter at the lowest expense to you. We will explain each possible legal option and the advantages and disadvantages of each approach. We encourage the client to attempt to settle his or her legal matter at the inception of the case before he or she has spent a lot of money in attorney’s fees and costs. The final cost of your legal matter will depend on the complexities of the case and how quickly it can be resolved.