Litigation
Tollefsen Law Office PLLC knows litigation. Unlike some law firms that tend to find a way to create large fees before looking for a solution, TLO is focused on settlement from the onset of the case. Over 95% of civil cases settle before trial. You can expect an honest assessment of your case when we open your file. You will have an opportunity to fully discuss your case and evaluate all alternatives.
Practical difficulties with finding a fair settlement.
Regardless of your motivation to find a quick solution, there are many barriers. If you are the one bringing the action (plaintiff or claimant), the defendant is often unwilling to admit error or that your case has any merit. Plaintiffs should not go forward with litigation unless they are prepared to go to trial. Expecting a defendant to pay a significant amount of money without convincing proof of liability. Don't expect litigation to be easy for the plaintiff.
It is often difficult to settle as a defendant even if you think you did something wrong. Plaintiffs and their lawyers can have unrealistic expectations.
Types of Cases
Collection of Debt.
Usually the reason the debt is not paid is the financial straits of the debtor (defendant or respondent). If you are bringing an action against an insolvent defendant for a clearly documented debt, you will probably obtain a judgment but may never collect it. Expect legal fees if there is no defense or a limited defense to range from $2,500 to $10,000.
Securities and Other Financial Fraud.
Often these cases are handled on a contingency fee agreement. A minimum of $100,000 of money lost is required to justify the cost and risk of TLO taking a contingency case. Normally, we require the monetary loss to exceed $200,000. This is true with court cases and FINRA and other arbitration. The greatest difficulty with these cases is finding a solvent defendant. If you bring this type of action with your own funds, expect to spend a minimum of $5,000 and a maximum in six figures.
Business and Contract Litigation.
Typically, business litigation involves contracts that have a attorneys fee clause. The loser pays the winner. Both sides have an incentive to minimize costs and risks. Expect to spend a minimum of $5,000 and a maximum in six figures.
Bankruptcy litigation.
Law suits in bankruptcy court are called adversary proceedings and generally follow the federal rules of procedure. TLO is experienced in obtaining non-dischargeable judgments in cases of financial fraud.
Mediation and Arbitration
Mediation is usually voluntary and involves the litigants meeting with a neutral professional who attempts to reason the parties into settling. It can be very effective. The mediator is paid hourly by the parties. It is non-binding.
Arbitration occurs under contractual agreement and in smaller court cases. Unfortunately, it has is often as expensive as court litigation and has non of the safe-guards. There is no right to jury and practically no right to appeal. It is often used by big corporations to eliminate class actions and make it impossible for consumers to afford a lawyer to handle the case.