5 Early Signs That You Might Require A Litigation Lawyer

BusinessLegal

  • Author Kerry Peck
  • Published May 30, 2011
  • Word count 543

When most individuals first seek help for a legal problem, they don't know that some attorneys have more experience working in the courtroom than others. Most people in need of help know that each attorney has a different specialty, but they often find themselves scrambling to find a great litigator if things take a turn for the worse in their case. Although nothing can replace solid guidance from guardianship lawyers or other law professionals, these signs can help you recognize when a case might be headed toward litigation, and that a litigation lawyer might be required.

#1: Substantial Funds Are At Stake

It is human nature to fight for things which are highly favorable to us, and money is no exception. If the amount of money at stake in any particular action could be significant in the eyes of any involved party, that action is highly likely to end up in court. Mediation might be able to help if one party is less attached to getting the funds, but it's just as likely to be a stalemate. Keep in mind that funds can be indirect; for example, obtaining guardianship over a child with substantial inheritance might require strong guardianship lawyers for a favorable result.

#2: There's Bad Blood Between Parties

Legal issues tend to reawaken old feuds and grievances. Even a minor incident can turn into a major court battle requiring a litigation lawyer if the two parties are upset about old wounds that have never fully healed. This problem becomes even more acute in divorce disputes and other cases of recent acrimony. Finding experienced guardianship lawyers and divorce professionals is recommended in the case of a less-than-amicable split.

#3: There Is Ambiguity In Any Legal Documents

Guardianship lawyers often see cases go to court over a seemingly simple omission in a will or testament. People can often become convinced that their interpretation of someone's last wishes is correct, and most are prepared to go to court to prove their point.

#4: The Other Side Has Hired A Litigation Lawyer

If you discover that the other side has hired a strong litigator or even begun speaking with one, you should strongly consider doing so yourself. The other side may or may not decide to work with that attorney in the long run, but if they do you could be caught by surprise with a court filing. Whether it's guardianship or a divorce, it is always better to be working with the attorney before papers are filed.

#5: You Feel It's Necessary

Your instincts are often better than you suspect, particularly in legal matters. While only a qualified attorney can explain the full legal situation, your gut feelings will rarely steer you wrong. If you feel that it's time to hire a litigation specialist, you should look for one right away. You may find that the other side is gearing up for a court battle and that you picked your advocate not a moment too soon.

These are examples of good reasons to start working with a litigator. This is not a comprehensive list, and it is not intended to be legal advice or legal assistance. It is merely a guideline to help you prepare yourself for possible legal action and determine whether you might benefit from a litigator.

Kerry Peck is a litigation lawyer in Chicago and managing partner of Peck Bloom LLC, a firm of top elder law, estate, and guardianship lawyers in Chicago.

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