LAWSUIT DEFENSE
Have you been sued in Arizona? Has an Arizona lawsuit been threatened?
Some lawsuits have merit; others do not. Lawsuits are governed by rules which may trap the unwary, careless or inexperienced. Years of prosecuting and defending lawsuits bring a wealth of experience to helping you with your lawsuit.
We defend employers, companies, real estate owners, individuals and others in civil cases filed in Yavapai County Arizona. Lawsuits are filed for many reasons, such as to obtain money, to obtain land, or to vindicate a legal right. Just because a lawsuit has been filed (or threatened) does not mean that it has merit. Some lawsuits are filed with little or no merit. Sometimes, only a portion of a lawsuit has merit. Occasionally, entire lawsuits are just plain frivolous.
We defend against frivolous lawsuits!
The sooner a defense lawyer is hired, the better. One of the keys to a good defense is to conduct an early, thorough and comprehensive investigation. Evidence should be discovered, collected and preserved. Witnesses disappear, memories fade and evidence sometimes becomes lost or destroyed.
Some lawyers are careless in their approach to litigation. “Litigation” is the act or process of conducting a lawsuit. All too often, lawsuits are started without first conducting an appropriate inquiry to determine the facts. People sometimes “overstate” things to their lawyer, hoping to convince him/her to undertake the representation. Some people actually lie to their lawyer. Some lawyers do not discover these overstatements, or lies, until late in the process.
If a lawsuit is framed with the wrong legal theory or without solid evidence to support one or more of the stated legal theories a good defense can bring this to light. Sometimes, people will start a lawsuit and then lose interest in it, either because they do not have the wherewithal to pursue it or because they realize during the process that they do not have a substantial likelihood of success.
Lawsuits are governed by rules. Some lawyers do not understand the rules or simply choose not to follow the rules. The chance of success in a lawsuit can be improved by knowing and properly using the rules.
If the person or people bringing the lawsuit is/are reasonable and if the lawyer bringing the lawsuit is also reasonable, there is a significant chance that the lawsuit can be resolved through settlement or some form of alternative dispute resolution such as mediation. If the adverse party or adverse attorney are unreasonable, your best chance of success occurs if you are thoroughly prepared, preserve evidence and properly present it.
A good defense lawyer will conduct an appropriate investigation into the facts and adequate legal research to determine if the legal theories presented are apropos to the situation. A good defense lawyer will also determine what facets of the lawsuit have merit, which facets do not have merit, and will keep you informed. A plan should be developed to systematically defend, trying to achieve an expedient, fair and just result.
If you have been sued in Arizona, or if an Arizona lawsuit has been threatened against you, contact us.
