January 25, 2017

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 to voluntarily show up to testify need to be subpoenaed, usually at least around two weeks before the trial, in order to obligate them to show up.  Many trials will require that you and the other parties share your exhibits with one another well prior to the trial....

January 20, 2017

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.  When mediation begins, the parties will typically make opening statements, in which they will present the strengths in their case or the weaknesses of their opponent’s case.  One party will usually start with an offer of settlement–typically for a certain dollar v...

January 16, 2017

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 creates a transcript of the exchange which can be used for evidentiary purposes at a later date.

Depositions are critical events in virtually every civil suit because they typically result in an evidence record that is rich with critical facts.  The questions are asked directl...

January 14, 2017

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 dispute, issue, or other question that the lawyers have.  Motions can be about a wide range of topics and some can even end the entire lawsuit, such as a motion for summary judgment or a motion to dismiss the suit.  Other motions are about the discovery documents that t...

January 11, 2017

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 allegation.  An admission to an allegation is exactly that: the defendant is acknowledging that the plaintiff’s statement in a paragraph is true and accurate.  On the other hand, a denial is a refutation, stating that the allegation is untrue or inaccurate.

Occasionally,...

January 7, 2017

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 letter that usually has a certain number of components, including:

-  A statement of the claims the person has;
-  Factual and legal arguments about the strength of those legal claims;
-  A factually supported statement regarding the extent of damages;
-  A demand for dama...

January 2, 2017

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 understand what your matter is likely to cost.  Generally speaking, the cost of the representation is going to be a function of the following factors:

1.  The complexity of your legal matter;

2.  The amount of the damages at stake; and

3.  The personalities of the key players...

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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.

The attorneys at Wimer & Snider, P.C. in Asheville have represented clients in much of the United States, including North Carolina, South Carolina, Georgia, Florida, California, Virginia, and Texas. We are licensed to practice law in North Carolina and Texas. Our offices are conveniently located in the arts district of West Asheville, NC.   Phone: 828-350-9799

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