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Litigation

Litigation

When disputes between two or more parties cannot be resolved by negotiation, one party can file a civil complaint describing the dispute. The case is then routed into the court system, where it can be resolved by following a complex set of ground rules that include rules of evidence, due process and substantive rules of law applying to that dispute. Litigation is typically the most expensive and inefficient way of resolving a business dispute, but it is sometimes the only way to force the adverse party to negotiate or address the problem. One end result of litigation is a trial wherein your case is decided by a judge and/or a jury after they hear witnesses and review the evidence. Though we have substantial trial experience, we find that most of our cases settle long before trial, after the parties begin the exchange of evidence, since most parties prefer the certainty of a negotiated resolution over the uncertainty and expense involved when their case proceeds to trial and strangers are left to decide their dispute.

Litigation is a cornerstone of the firm's practice, and we have extensive experience in litigating a wide variety of matters in state and federal courts and in various arbitration forums and administrative agencies. It is a particular source of pride to us that our members have had magnificent results in both civil and criminal courts. Whether involved in the prosecution of defense of lawsuits, Winsten Law Group taps into a wealth of experience gained as a result of litigating cases in complicated areas of law, i.e. insurance bad faith, unfair competition, patent litigation, breach of contracts.

 
While the firm has a deserved reputation for aggressive strategies and their forceful implementation, successful litigation in this context requires an understanding of both the power of forceful advocacy and the power of persuasion, and an ability to know where to draw the line. We pride ourselves in always keeping in mind that the ultimate solution must be determined by our clients’ best interests.

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