As your business grows, so too do your odds of becoming a target. Partnerships dissolve, employees become disgruntled, vendors can cheat you, and contracts can go unfulfilled. And of course, there are always people looking to make a quick buck by filing a bogus suit. You need to know how to defend yourself in civil litigation and you need to know how to enforce your rights.

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So how does it work?

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It Starts with a Free Consultation

So you've been sued, or you think you might need to sue. The first thing to do is simply pick up the phone and give us a ring. We're happy to talk it through with you and see if your issue is the type of dispute we can help resolve. If so, then we'll schedule a sit-down at our office in Sellwood to discuss things in more detail.​ If we all agree to move forward at our sit-down, then we'll sign a retainer agreement and get to work.

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Early Stages of Litigation - When You Are the Plaintiff

If you or your business is going to be the plaintiff in the suit, then we have the opportunity to get ahead in the game by carefully curating our evidence before we file. Once we are convinced that we have a strong cause of action against the defendant, then we will generally reach out to them with a summary of our evidence and notice of our intent to sue unless they comply with our demands. It is not uncommon for a case to be favorably resolved without a lawsuit ever being filed. This is the best of all worlds and should be an ideal outcome.

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Early Stages of Litigation - When You Are the Defendant

Many prospective clients come to us with a lawsuit or demand letter in hand. They've been sued, or are about to be sued, and they need a defense today. When you're the defendant, it's critically important to get your ship in order as soon as possible. We need to assess the validity of the claims, strategize about potential counter-claims, and make our first contact with the plaintiff be strong and professional. They need to know that you aren't going to roll over without good cause, and to the greatest extent possible we want to be able to place them on the defensive. Often when a plaintiff realizes that risk is a two-way street in a lawsuit, cooler heads can prevail and a favorable outcome can be reached.

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Mid-Stage Litigation - Discovery and Motion Practice

Litigation can sometimes feel like it lasts forever. The courts can be slow. Discovery - the process of finding and producing documents, giving and taking recorded depositions, finding experts to produce detailed reports - this all takes time. When Discovery is done, Motion Practice begins. In this stage, the parties generally try to knock each other out of the case by convincing a judge that they can't possibly lose. This is called Summary Judgment and it is very common, very important, and something we like quite a bit. When we work together, we'll spend a lot of time talking about Discovery and Summary Judgment.

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End-Stage Litigation - The Jury Trial

The jury trial is the main event. What you've seen on TV isn't that far from the reality of it. The Judge, the Jury, the clever cross examinations and passionate arguments; trial is the ultimate test of a lawyer's skill. The thing is, no one goes to court expecting to lose. Every attorney has their theory of the case, and in this game, at this level, every attorney knows what they're doing. So what's the difference maker?

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We win cases because we know how to tell a story. Your story. Trial is the medium for the story. It's a two-act play and it's live action, done in a single take. The jury is the audience and when we win, it's because we know how to frame your story in a way that the jury can connect with. It might be righteous indignation on your behalf. It might be pity. It might be that they can see themselves wearing your shoes and they know how you feel. When we can do that, we win cases. 

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