Litigation is no small task. Add to it the emotion that is involved in the loss of a loved one and it can become unbearable. The Sterling Law Group, A P.C. wants to be your partner in your fight. Our goal is to take as much of the stress of litigation off of you and carry it on our shoulders so that you can properly grieve.
That being said, if you are choosing to enter into litigation you must be prepared for what it entails. Your attorney will need to become as intimately knowledgeable about the facts as you are. This process can take several weeks. Then we would prepare the Petition or Complaint to the court using that knowledge. In the case when you are the person being sued, we would be preparing an Objection or Answer to the claims asserted. Once the initial filing is on record with the court, the ”fun begins” so to speak.
On to discovery. Discovery is a process that consists of many different things. Written Interrogatories are specially written questions to the opposing party. Interrogatories can include demands for documents (such as letters, emails, text messages, etc.) and requests for admission which are statements we are asking the opposing party to either admit or deny. Thereafter, there may be subpoenas to third-party businesses – such as medical or financial records. Perhaps we will also perform in-person depositions of the opposing party, medical professionals, etc. Discovery can be a very long and very costly process; however, it is where your case can be won or lost. Insufficient discovery often creates unprepared attorneys at trial.
Once discovery is going full-blown and a great deal of evidence is uncovered, mediation may become a proper option. Mediation is the use of a retired Judge or another attorney very well versed in the area of law that your suit is dealing with to hear both sides and try to bring you both to an agreement for settlement. Mediation is a wonderful tool. If it´s not successful in obtaining a settlement agreement it will flush out the strengths and weaknesses of your case long before you step into a courtroom for the trial.
Once discovery is complete and unsuccessful mediation has possibly occurred, it will be time to prepare for trial. This process is very in-depth and will take, depending on the case, two to four full weeks prior to the trial date. All evidence is organized. Exhibits are prepared. Witnesses are prepped for examination. And your main attorney engrosses him or herself fully in your case.
Trials in Trust and Estate litigations can be as quick as 1-2 days or they can last a couple of weeks. The number of issues that need to be decided by the court, the number of witnesses, and the amount of evidence that must be presented will determine the length of a trial.
This process from start to finish in most counties in the great Sacramento area can take several years. It is not something that you should enter into lightly; however, if there is a wrongdoer out there and you do not bring suit, who will?
Our team of attorneys from The Sterling Law Group, A.P.C. have knowledgable experience handling trust and estate litigation matters. Contact us now at (916) 790-0852 and schedule a consultation.