LITIGATION

litigationWe at Mirowski & Associates are committed to providing aggressive representation to businesses and residents of the San Diego and Southern California regions. For more than 20 years, Mirowski & Associateshave assisted our clients in achieving optimum results by goal oriented, cost effective planning & problem solving and tough-minded negotiation. However, when logic fails, we can back you up over 20 years of litigation experience.


TOPICS


LITIGATION vs. ALTERNATE DISPUTE RESOLUTION

A controversy before a court or a “lawsuit” is commonly referred to as “litigation.” In American law, a lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. One or more defendants are required to respond to the plaintiff’s complaint. If the plaintiff is successful, judgment will be given in the plaintiff’s favor, and a range of court orders may be issued to enforce a right or award damages.

The term “litigation” is sometimes used to distinguish lawsuits from “alternate dispute resolution” methods such as “arbitration” in which a private arbitrator would make the decision, or “mediation” which is a type of structured meeting with the parties and an independent third party who works to help them fashion an agreement among themselves.

WHAT MIROWSKI & ASSOCIATES CAN DO FOR YOU

In law school, you soon realize that as an attorney, you are really a modern day knight. You go into battle not for yourself, but in pursuit of the cause of your client. We at Mirowski & Associates take this seriously and we do not accept all causes. Yet, when we do, you have to know that like the knights of old, we are dead serious about doing everything in our power to prosecute our client’s position.

Our philosophy is one of a “carrot and stick.” We know that it is normally in the client’s best interest to find a resolution without litigation and so we will work to achieve the client’s goals without the expense of litigation. Yet, some people do not listen to logic. They need something more and sometimes litigation is inevitable.

We at Mirowski & Associates have been ready, willing and able to take matters to litigation for over 20 years. When the “gloves come off” Mirowski & Associates is ready to fight hard on our client’s behalf. We tell our opponents up front, take the carrot because when the stick comes out, we will come out swinging.


HOW TO REDUCE THE HIGH COST OF LITIGATION

There is no avoiding the truth – litigation is expensive. It should be avoided whenever possible.  However, there are several things that you can do to reduce the expense of unavoidable litigation.  Many of the following techniques might seem obvious but we repeat them just the same because when litigation occurs, it pays to remember:

ADR Clauses

Contractual alternative dispute resolution (“ADR”) clauses are a powerful way for a business to control its exposure to costly and dangerous lawsuits. Arbitration, mediation, and other methods of resolving conflicts outside of court can save substantial money and promote the quick resolution of a dispute.

Have a Strategy

It is impossible to arrive at your destination until you know where you are going. You must have a strategy and clearly defined goals.

Talk to Your Attorney Regularly

We are not mind readers. We must know and understand your goals and your limits. It is important that you are involved in making the strategy and understand the things we do. If you don’t understand, ask questions so we can remain on the same page.

Determine What the Case is Worth

Estimate both trial value and settlement value. Settlement value is much higher than trial value because of the staggering costs of litigation. At best, such an evaluation is a guess, but it must be done in order to make rational decisions about strategy.

If you are a plaintiff, ask yourself how likely is it that you will be able to collect any judgment?

If you are a defendant, ask yourself how much will it cost to fight as opposed to settling early.

Do Not Make Your Lawyer Do What You Can Do Better

As knights, we are servants – but admittedly, we can be expensive servants. You are likely to be in a position to intimately know the details and have the documents which will be key to resolving the case. Sit down and write out a detailed chronological statement of facts. Find and organize all the relevant documents. We can do it, but do not be surprised that we will charge you for our time. As attorneys, time is all we have to sell.

Avoid a Bad Attitude

Know in advance that the following statements can be costly:

  • “I want a ‘junk-yard dog’ litigator.” We love fighting hard – but time is money and remember that all that “junk-yard” stuff takes time.
  • “It’s the principle of the thing.” We also love fighting on principle, but again, these principles normally require a lot of time and money.
  • “Money is no object.”  There are only a few people who can seriously say this. Do not say it unless you are one of them.

Most of all – Consult your attorney BEFORE a lawsuit is filed.