Litigation Lawyer

What You Should Expect From a Litigation Attorney

Litigation Lawyer

Litigation

Litigation is the action brought in court to enforce and protect a particular right of a plaintiff. A litigator is synonymous with the term trial lawyer who defends a plaintiff or the defendant in civil cases. Concerning litigation, it involves a series of steps that may lead to a court trial and for a resolution of the matter. 

Litigator – Trial Lawyer

What Exactly Does a Litigator Do

The best litigator aims to settle a dispute first through mediation, arbitration, and lastly, if needed, though litigation so as the save time and money. The alternatives to litigation (out-of-court settlement) usually save time and expense, and thus options should be evaluated early to allow for timely consideration and implementation. The litigator, i.e., trial attorney, before filing a lawsuit, will go through the initial case to determine if there is enough evidence to warrant filing a lawsuit.

Litigation Law Firm

 

HESS-VERDON IS YOUR #1 SOUTHERN CALIFORNIA TRUST & ESTATE LAW FIRM

(DEEP BENCH COURT TIME)

Litigation Process

The primary steps of the litigation process are condensed in the following:

Assessment: Review and Investigation

    1. Locating witnesses
    2. Taking witness statements
    3. Gathering documents,
    4. Interviewing the client
    5. Investigation facts leading to the dispute

    Drafting Pleadings: Pleadings are an integral part of any litigation, regardless of the nature of the subject matter.

    Here at Hess-Verdon, our litigation lawyers drafting pleadings receive particular attention because they may substantially impact the outcome of the case. The overview of the structure of the document and strategic issues must be concise and highly focused such that the critical issues are at the forefront.  

    Key takeaway: Every pleading should “stand-alone,” meaning the court can rule in a single document and not make it a hunt through the court jacket for finding necessary information buried deep in other pleadings.

    Writing a novel for a trial judge where they are busy with countless cases is unproductive; therefore, a brief, direct, and precise pleading will only play in your favor. Call our litigation attorney’s today for a second opinion case review. Call 888-318-4430.

    During the pleading phase, the plaintiff files a complaint with the court and formally delivers a copy to the defendant. The complaint describes the grievance where the defendant did or failed to do that caused harm to the plaintiff and the legal basis therein.

    It is at this time; the defendant will be able to file an answer to the complaint. There is a specific time allotted to file a response. Moreover, the defendant may also file counterclaims against the plaintiff for harming the defendant and should be held liable for that harm. 

    Should the pleadings not result in settlement of the issues, the plaintiff must begin the discovery process (litigation process) with the help of an expert trial litigator.

    Discovery – Pre-trial phase

    Interrogatories: Sending to the defendant written questions seeking information on the disputed issue.  
        1. Note: the defendant is also permitted to use discovery to learn more about the plaintiff’s case.
        2. It can become complicated with multiple sub-parts.
        1. Some states limit the number of interrogatories.
        Requests for production of documents
            1. It is used to obtain physical evidence, including electronically stored information.
            2. It can be directed to non-parties and obtained through a subpoena.
            Request for admissions
                1. Similar in some respect to interrogatories but different in form and purpose. Admissions are in the way of declarative statements.
                Depositions
                    1. Depositions are the process of taking live testimony from parties and witnesses before the trial.
                    1. The witness or party is required to testify under oath.
                    2. During the discovery phase, and depending on the complexity of the case, it can take weeks or even years based on the level of cooperation between the parties.

                    Discovery, however, is not without limits. There are types of information such as attorney-client communications, the conversation between spouses, trade secrets, and work product of the opposing party and their litigation attorney.

                    E-discovery (electronic-discovery) refers to the discovery of information stored in electronic format. (ESI)

                    Pre-Trial

                    After discovery, and weeks preceding trial, the litigation lawyers will consult with and advise their client(s), retain expert witnesses, attend pre-trial conferences, to develop trial litigation strategies based on the facts and evidence collected during the discovery phase.

                     

                    Trial: 

                    When one thinks of trial, one considers sitting in the court and being cross-examined. But there is a step just before trial in which the trial litigators select a jury. During this time, the litigators are busy around the clock jockeying for position and hoping to settle before trial. The litigators will engage in negotiations with opposing parties and can participate in mediation and settlement conferences with the judge. 

                     

                    Servicing Southern California Clients

                    Litigation Attorney Near Me

                    Many people believe to search for “litigation attorney near me” is ok but that may be a downfall. You see, there are dozens of attorneys in Orange County, and they do quite well in their endeavors. But litigation is an entirely different situation.

                    Trustee Removal

                    Are you a Trustee or Beneficiary where protection of the Trustors wishes are being challenged and causing family disputes?

                    Develop strategies on preempting a Trust dispute and discover What You Need to Know About the Trustee Removal Process

                    Hess Verdon has a deep bench and knows both sides of the equation to remove or suspend a Trustee or to safeguard the Trustee from a frivolous legal process. Hess-Verdon top litigators will help you stay on track!

                     

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

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                    (949) 706-7300

                    Beneficiary is attacking me

                    Attacked by a beneficiary who objects to how you, a Trustee, or Administrator, is handling an estate?

                    Prevent Trustees from Making Some Common Mistakes. 

                    Duties | Delays | Choices | Distributions

                    Timing on each one is critical to avoid litigation

                    Hess-Verdon has over 30 years of dealing with Beneficiary and trustee disputes. Let us review your situation. You’ll be glad you did. Contact us for a No Charge, No-Obligation Consultation.

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    Contesting a Trust

                     Are You Considering Contesting a Trust or the most recent amendment? Was there a capacity issue or undue influence?

                    Be Careful when contesting a trust and know the elements it takes to protect the trust assets. Reserve your rights before Statute of limitations happen!

                    Hess-Verdon works hard to resolve Trust and Estate issues and preserve the estate by minimizing costly litigation. Contact us for a No Charge, No-Obligation Consultation.

                     

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    Hess-Verdon Team of attorneys

                    See our Successful Reviews!

                    stars 5 How to Choose a Litigation Attorney. Lawyer Up Guide!

                    “I have been working with this firm since 1994; you can’t beat a firm like this, that is so ethical and competent.”

                    Dixie Fisher

                    Client Since 1994

                    stars 5 How to Choose a Litigation Attorney. Lawyer Up Guide!

                    “We’ve always felt comfortable sharing our concerns with Hess-Verdon & Associates and have felt confident that the job was well done and the concerns answered.”

                    Malou Cole

                    Client Since 2006

                    Have Your Case Reviewed Today by a Hess-Verdon Attorney
                    Call 1-888-318-4430

                    You found the right team. See our Successful Reviews!

                    Hess-Verdon & Associates will Guide You through the Trust Litigation Process!

                    Needing Trust Litigation? – What You Should Know!

                    Hess-Verdon – Best Trust Litigation Attorney

                    and what to consider when working with Hess-Verdon.

                    Your Orange County Trust Litigation Attorneys 

                     

                    Contesting a Trust - What You Must Know if Contesting a trust in california!

                     Are You Considering Contesting a Trust or the most recent amendment? Was there a capacity issue or undue influence?

                    Be Careful when contesting a trust and know the elements it takes to protect the trust assets. Reserve your rights before Statute of limitations happen!

                    Hess-Verdon works hard to resolve Trust and Estate issues and preserve the estate by minimizing costly litigation. Contact us for a No Charge, No-Obligation Consultation.

                     

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    Choosing the Right Trust Estate Litigation Lawyer is Crucial

                    Searching for an Orange County Trust Litigation attorney?  Hess-Verdon & Associates is one of the most knowledgable and most sophisticated trusts and estate law firm in the state of California at both the trial and appellate levels.

                    Our legal team of Trust Attorneys in Orange County, are well versed in estate planning, trust administration, and trust litigation.

                    Our viewpoint is the following:  Aggressive legal representation with a team of experts that protect you, our preferred client, with current tax and estate planning strategies.

                    Our litigation team has spent years acquiring extensive experience in trial preparation, strategy, and trial presentation to help you with your specific case. 

                    We welcome the opportunity to discuss your needs, our qualifications, staffing approaches, and rate structures with a view toward the successful resolution of Estateand trust-related matters.

                    Learn more about our Living Trust Attorneys.

                    Trust Dispute Lawyers

                    Trusts are very complex legal instruments.  When disputes arise based on trustee administration disagreements, a trust dispute lawyer can help mitigate possible mediation, arbitration or litigation.

                    Have Your Case Reviewed Today by a Hess-Verdon Attorney
                    Call 1-888-318-4430

                    What Is Trust Litigation?

                    Trust litigation is where a Beneficiary or Trustee or even an heir of a Trust feel their legal rights are trampled upon and need legal counsel to represent them in court. Typically the trust litigation is between the Trustee vs. the Beneficiary/heir. Many issues can arise, and mostly due to transparency, i.e., the beneficiary feels the Trustee may be self-dealing. Self-dealing is where the Trustee puts their needs and wants before the Beneficiaries. Now, the Trustee knows they have the fiduciary duty to put everyone above their self-interest first and to comply with the wishes of the Trustor. 

                    Now, after legal discovery, both parties will be asked to do the following:

                    • Mediate
                    • Arbitrate
                    • Litigate

                    Trust litigation is by far the most costly and can drain the estate assets. If you are a Trustee and or Beneficiary, best to keep communication open at all times with proper bookkeeping.  

                    Why Consider hiring Hess-Verdon trust litigation attorneys

                    We work efficiently to help individuals, families, fiduciaries, organization with the following:

                    • Trustees
                    • Beneficiaries
                    • Individuals and families
                    • Banks
                    • Trust Companies
                    • Charitable entities
                    • Family Offices
                    • Corporate Fiduciaries
                    • Corporate Trustees
                    • Business Owners

                    Here at Hess-Verdon, we counsel clients on various aspects of estate disputes. Such as investigating potential claims, evaluating the merits of bringing a claim, filing or defending a claim, and when necessary litigating a claim through trial or settlement.

                    With our expert team of trust litigators, in many instances, we can settle such proceedings without going to trial after taking into account the merits of the positions advanced by the respective parties and the tax rules applicable.  

                    Rest assured, the Hess-Verdon team is here to help you. Unlike some other law firms, we are a full-service firm. Handling thousands of probate and trust litigation cases helps us know exactly steps are crucial for your case.

                    Visit us in Fashion Island in Newport Beach. If you believe you need a team of attorneys, paralegals, and a helpful, caring staff, then read on.

                    Schedule an appointment today. Our specialized team is ready to assist you.

                    Call 1-888-318-4430

                    What Should You Collect Immediately to determine if you have a litigation case? (Trust Essentials)

                    You can contest a trust for many of the same reasons as a Will. Trusts do not “eliminate taxes,” but it is possible to minimize your estate tax liability through estate planning. We often update our website with the state-of-the-art strategies that are effective for both individuals and families, as well as business owners or those with combined families.

                    When it comes to a living trust, when we meet with clients, we will explore some estate planning fundamentals that will aid you in making the right decision.

                    We will discuss trust disputes as well and how to avoid them, be it from the beneficiary perspective and trustee (s)’ perspective and the steps for both parties.

                    So, what role of the estate plan are you representing? Are you the Trustee or Beneficiary?

                    Let’s go over both roles and the expectations of both and answer some legal questions that may arise.

                    Do you know: Do you know what causes litigation typically?

                    Well, family dynamics, outdated provisions in your trust, and poor behavior of the people involved in the trust administration process is usually a catalyst for trust litigation.

                    Do you know: Hess-Verdon & Associates, PLC “IS” the law firm that people go to for help in resolving all types of trust disputes!

                    My Family is Suing me

                    Are you being sued by a family member over a Trust or Will?

                    From threats to harassment to emotional distress, many people’s knee-jerk reaction is to sue and has become increasingly common. 

                    There are many options to resolve a family dispute in court and out of court. 

                    With over 30 years, Hess-Verdon has handled Trust and Estate Lawsuits and dealing with family dynamics. Do not panic; Hess-Verdon is ready to help you today.

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    Trustee Delaying my Inheritance

                    Past the reasonable “time period,” and Trustee has yet to make the required distributions?

                    Diagnose the stalling tactics from an uncooperative Trustee and UNCOVER Steps to Take to Get the Trustee to Distribute Your Inheritance.

                    Hess-Verdon, for over 30 years, has worked on both sides of the coin. Receive counsel on staying on the right side of the courts. Seeing thousands of problems facing Trustees and Beneficiaries has allowed us to assist and complete the wishes of the Trustor/Executor. Contact us for a No Charge, No-Obligation Consultation.

                      

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    Trustee Deadlines

                    Up against or even missed a deadline? Know which ones are upcoming?

                    Shore up your fiduciary responsibilities 

                    Conflict of Interest | Distribution of Funds | Upcoming deadlines

                    And put yourself back on track and avoid a trustee removal petition

                    Time is ticking, and seeking guidance from a Hess-Verdon Attorney is your attorney source to know protect your family’s legacy. Contact us for a No Charge, No-Obligation Consultation.

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    Changed Trust Before Death

                    Was a Trust changed while under the care of a brother, sister, or institution and possibly been influenced?

                     Act fast and attain a strategy on resolving fraud, forgery, undue influence, while protecting your rights and staying on the right side of the court.

                     Hess-Verdon & Associates helps seek proper legal advice and provides you with the sound direction you need to understand what constitutes an invalid Trust or amendment. Contact us for a No Charge, No-Obligation Consultation.

                     

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    Elder Abuse

                    Has a family member has been subjected to emotional, physical, and financial abuse?

                    Whether it be a nursing home, or in their own home, they need to be protected.

                    Abandonment | Medical Abuse | Self-Neglect | Violation of Rights

                    From the evidence of medical experts to testimony of witnesses, Hess-Verdon & Associates will listen and guide you through this complicated legal arena. Understand your rights today! Contact us for a No Charge, No-Obligation Consultation.

                     

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    We are here to help!

                    Emotions Can Run High in Disputes Between Family Members, Especially in Matters Involving Money.

                    Need a Second Opinion?

                    Are you feeling your attorney is not answering your questions? 

                    Up against a deadline | Going over Budget | Case Taking too Long 

                    These are just a few reasons why you need a second opinion.

                    Hess-Verdon has a deep bench experience and works with the courts. If you have questions that your attorney is not answering, or the litigation has taken unexpected twists and turns, Hess-Verdon has handled Trust and Estate Lawsuits for over 30 years. Do not panic; Hess-Verdon is ready to help you today.

                     

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    You found the right team. See our Successful Reviews!

                    stars 5 How to Choose a Litigation Attorney. Lawyer Up Guide!

                    Truly exceptional law firm! They provided concise, decisive legal assistance during unanticipated events during estate proceedings. They made a bad situation better. Our family will always be grateful. There is no one I would rather have than Hess-Verdon & Associates representing my family.

                    Wade Shannon

                    Client Since 2014

                    stars 5 How to Choose a Litigation Attorney. Lawyer Up Guide!

                    “Definitely a firm that will “fight to the finish.”

                    Frances Gruben

                    Client Since 2010

                    stars 5 How to Choose a Litigation Attorney. Lawyer Up Guide!

                    “Outstanding expertise and client support”

                    Suzanne Casey

                    Client Since 2018

                    stars 5 How to Choose a Litigation Attorney. Lawyer Up Guide!

                    “Hess-Verdon is very professional and knowledgeable on corporate law, that can help with estate planning matters.”

                    Roy Trachsel

                    Client Since 1995

                    What are some common trust disputes: 

                    When we meet with clients, we will discuss Trust disputes as well and how to avoid them. Our team of attorneys will cover the beneficiary perspective and Trustee(s)’ aspect and the steps for both parties.

                    A Person may Bring a Cause of Action for the Following Reasons:

                    • Trust Contests
                    • Disputes involving interpretation of sophisticated estate plans
                    • Disputes in Probate Court
                    • Discussions regarding Trust Administration
                    • Breach of Fiduciary Duty Claims and Ethical Concerns
                    • Undue Influence and Elder Financial Abuse Claims
                    • Business and Asset Valuation Disputes
                    • Contested Conservatorships
                    • Professional negligence and breach of duty defense for fiduciaries;
                    • Petitions to include omitted assets into the trust (Heggstad Petitions);
                    • Probate Code § 11700 proceedings to determine inheritance rights;
                    • Property and entitlement disputes;
                    • Recovery of lost, excluded, and disputed property (Probate Code § 850).
                    • Trust Accounting disputes
                    • Kinship proceedings
                    • Surviving spouse’s right of election
                    • Fiduciary litigation and removal proceedings

                    Trustee & Beneficiary Not Getting Along

                     Disputes arising from the trust administration process? Transparency being questioned? Are you not receiving responses? Are you not getting timely updates? Feeling your rights are being violated?

                    Trustee Removal Petition Pending | Trust Accounting Issues | Delaying Inheritance | 

                    Are just a few of the reasons that create trust litigation.

                    Hess-Verdon knows the specific ways to get the Trust process back on track while preserving the Trust asset. Contact us for a No Charge, No-Obligation Consultation.

                      

                    Contact Us Green How to Choose a Litigation Attorney. Lawyer Up Guide!

                     or Call Now

                    (949) 706-7300

                    Have Your Case Reviewed Today

                    Call 888-318-4430