When people see lawyers on TV, they are almost always involved in litigation. This may cause people in Lombard to assume that all attorneys are experienced in handling hearings, trials, and other legal proceedings. However, this is seldom the case, particularly when it comes to estates, trusts, and other specialized areas of law.
Many attorneys work primarily with transactions and have little or no experience advocating to protect the interests of those they represent through the litigation process. That means that when a conflict arises, that may lead to litigation, it is usually wise to consult a Lombard civil litigation lawyer as soon as possible. A dedicated trust and estates attorney with proven courtroom experience could take steps to prepare for a successful outcome in litigation or other means of dispute resolution.
Any area of law could require the need for litigation. When a conflict arises between two parties and they are unable to negotiate a resolution, one party may sue the other to have an impartial third party determine the outcome.
In many instances, courts encourage or even require parties in a lawsuit to attempt resolving their disagreement through alternative dispute resolution. For example, parties contesting the terms of a will may be required to meet with a mediator to reach an agreement about interpretation without the need to bring the matter to trial.
A litigation lawyer could be particularly helpful in this context due to skill and experience in advocacy. When a person is represented by a civil litigation attorney in Lombard during mediation, his or her attorney may be able to work to ensure that all the arguments in favor of the individual’s interpretation are presented logically and clearly in a persuasive manner.
If the parties fail to reach an agreement, many of the same arguments may be expanded for presentation in legal briefs and oral presentations when the matter moves to a more formal courtroom setting. While litigation is often considered a last resort, thorough preparation for litigation can help tilt a settlement to favor the prepared party.
It must be noted that a great deal of litigation involves family conflict after the death of a loved one. Perhaps due to the emotions involved, disputes over the terms of wills, business succession, and other such issues often prove difficult to resolve without professional intervention.
A civil litigation lawyer in Lombard may diffuse a tense situation with a fresh perspective. At the same time, skilled legal counsel may fight to protect a person’s interests both effectively and efficiently to conserve resources.
Potential areas of contention that may be resolved through estate and probate litigation include:
• Guardianship disputes
• Improper management by fiduciaries
• Disputes involving charitable pledges
• Contested creditor claims
• Validity of will or trust provisions
• Allegations of undue influence or incapacity of a testator
• Contested powers of attorney
• Estate management issues
Your individual interests may be best served when the attorney providing representation thoroughly understands the legal issues involved as well as the procedures and techniques of successful litigation.
Civil litigation can be an overwhelming experience, particularly when it involves emotionally draining issues such as family conflicts over an estate. The right preparation and guidance can make all the difference. For that reason, it could be tremendously helpful to consult a Lombard civil litigation lawyer for advice as soon as the potential for conflict surfaces.
The sooner you begin working with a knowledgeable attorney, the sooner your advocate may be able to prepare to ensure that your interests are fully represented and protected at all stages of the proceedings. To learn how a civil litigation attorney could put the experience to work for you, call now for a consultation.