January - 2017

NEWS & RESOURCES

Preparing for Trial: the Big Push

Preparing for trial is a monumental undertaking. Often times, the amount of expense a party is likely to incur just to prepare for a trial is a major motivator for settling a case. Trial planning must take place well in advance of the actual trial, and it’s incumbent upon each party to assemble their documents, witnesses, arguments, and other evidence well in advance of the big showdown. Advance planning for trial is absolutely critical. For one thing, witnesses who refuse

Mediation: Eliminating Risk and Compromising

Litigation is difficult, and can be trying for everyone involved; however, one of the bright spots about litigation is that there are always going to be opportunities to settle your lawsuit. Why settle? Mainly because it eliminates the risk of reaching a far less favorable result through trial. There is no better opportunity to settle your lawsuit than at mediation. Mediation is a process wherein the parties to a case sit down together to see if they can reach a settlement.

The Deposition: the New Battleground

These days, as trials become less and less common, civil litigants tend to find new playing fields on which to test their adversarial mettle. The most common of these is known as the deposition. A deposition is an important discovery tool in which a litigant forces another person--an individual or business entity--to sit down and answer a long series of questions about the lawsuit. During the process, a court reporter takes down every word that is exchanged, and later creat

Just What is a "Motion?"

As you may know by now, some 95% of civil lawsuits never actually reach the point of trial–where the jury is present. On the other hand, most of these disputes nevertheless do end up in the courtroom before the judge at some point or other. Just what are the lawyers doing there, and what are they arguing about, if the jury isn’t there to hear them? Chances are, the lawyers are there to argue what’s called a “motion.” A motion is a request for the judge to resolve some disp

Pleading Your Case: Drafting an Answer

Just as the plaintiff has a master document, known as a complaint, so too does the defendant have its own master document for the lawsuit, which is known as the answer. The answer to the complaint can be imagined as the complaint’s mirror image, but from the defendant’s point of view. Every numbered allegation in the complaint must be met with either an admission, a denial, or some other important disclaimer, such as that the defendant has no knowledge of the particular alle

Settling Early: Making a Pre-Litigation Demand

If you’ve followed along with our blog, then you’ve probably learned that litigation can be very expensive. As true as that is, one of the best things about civil legal disputes is that there are always opportunities to settle these disputes–including before the case ever gets started. Sometimes all it takes is for one party to serve a demand letter, and make a reasonable request to settle the dispute without resorting to litigation. A demand letter is a carefully drafted l

Just How Much is This Going to Cost?

Every client wants to know the answer to this very question, and wants to know it as early as possible. Lawyers are expensive, and it’s both fair and reasonable to ask your attorney up front what the representation is likely to cost you. Unfortunately, due to the unpredictable nature of civil litigation, it’s often very difficult for trial lawyers to provide you an estimate with any degree of certainty. But, there are some principles that you can employ to help you understan

We are North Carolina litigation and business law attorneys. We focus our litigation practice on complex legal matters with significant issues of law or damages. Whether you are a private individual negatively affected by the actions of another, an entrepreneur starting or protecting a business, or working through governmental regulations, we have the experience and skills necessary to ensure you have effective, efficient legal representation. Call Wimer & Snider at Asheville Legal for your consultation today. 828-350-9799.

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