LITIGATION

We pride ourselves in courtroom excellence and experience. We have active trial lawyers who emphasize efficiency in litigation and getting the best results as quickly as possible. Our team is skilled and well-versed in all claims, including employment, real estate, title, construction, insurance and corporate litigation, and are licensed to practice in both state and federal courts, at the trial and appellate levels.

We routinely represent corporate clients, contractors, cities and individuals in a wide variety of cases. We have assisted many clients in receiving successful verdicts and have often defended those verdicts on appeal to the Arkansas Supreme Court.


PRIMARY PRACTICE AREAS:

Frequently Asked Questions:

What is Litigation?

Ultimately any legal issue can end up in court. The term “litigation” refers to any aspect of law in which a dispute has arisen. While litigation typically involves an action in court, litigation attorneys often become involved in disputes before suit has been filed. In this way, litigation attorneys may often assist in settling a dispute prior to the filing of a suit. Generally, however, the term “litigation” refers to the handling of a dispute within the court system.

What is the Litigation Process?

A suit begins when the plaintiff files a complaint. The defendant then files an answer and either party may choose to bring other parties into the action. The parties will then conduct “discovery”, which may include written Interrogatories and other requests, issuing subpoenas to witnesses, taking depositions, and many other methods of gathering evidence. The parties will then proceed to a trial and perhaps a subsequent appeal.

What is Mediation?

Mediation is a form of Alternate Dispute Resolution (ADR). Mediators are trained and licensed to assist the parties in reaching a settlement of their dispute. During a typical mediation, the parties will discuss the merits of their case with the mediator and opposing parties, then separate and allow the mediator to act as an intermediary in settlement discussions. Not every case will settle at mediation, but many do.

What about Jury Trials?

Parties are not generally required to have a jury trial. Oftentimes this is a tactical decision to make. Sometimes you want a jury of your peers to hear your case. Sometimes you don't. The decision often depends largely on the facts of your case.

What is Discovery?

This is the process whereby you 'discover' information that the other party has. During the discovery process parties are permitted to probe each other for information and documents helpful to their respective case. There are many forms of discovery including written discovery, subpoenas to witnesses to recover documents, and depositions.

What is a Deposition?

An attorney may schedule the deposition of a party or witness. A deposition is a process wherein attorneys may orally ask parties or witnesses questions that must be answered under oath. A court reporter will be present and will record the conversation. Depositions are extremely important and will assist the parties in learning, securing and solidifying the expected testimony of witnesses.

Must I defend a Lawsuit?

Once you have been sued, you must take steps to protect yourself. If you do nothing, a default judgment will most likely be entered against you. A default judgment may allow the plaintiff to seize property, money, accounts, or other assets. If you do not defend a suit and assert claims or defenses you may have, you may waive them.