Litigation Services For Businesses And Individuals In New England And Florida

Cushing & Dolan, P.C.’s, litigation group provides clients with seasoned attorneys who have experience in representing clients through all aspects of their dispute. Our litigation attorneys work with clients to find creative and effective solutions, with a focus on our clients’ objectives. Our experience allows us to provide effective representation, from attempts at a prelitigation resolution through appeals to the Supreme Judicial Court if necessary.

Business litigation – Our litigation attorneys are skilled and experienced in representing businesses of all sizes, sole proprietorships, individuals and professionals who are faced with resolving a business dispute. We have extensive experience in complex contract disputes, breach of fiduciary duty claims, partnership disputes, unfair business practices claims, shareholder disputes, real estate, construction and business transactions.

Trusts and estates litigation – Cushing & Dolan, P.C., is unique in these matters, as our litigation attorneys work directly with attorneys who specialize in estate planning, estate administration and trust administration on a daily basis providing unique and unparalleled experience to help you with a dispute that arises from the establishment, administration and management of a trust and/or estate. Our experience includes, but is not limited to, breach of fiduciary duty claims, trust modification and interpretations, estate disputes, will contests, claims of undue influence, intentional interference with expectancy of inheritance, removal and replacement of a trustee, demands for accountings, violations of the Uniform Trust Code, and violations of the Uniform Probate Code.

Real estate – Our litigation group has extensive experience representing clients in all aspects of their real estate disputes, whether between owners of properties, neighbors, commercial landlords and tenants, or between businesses. Our experience includes, but is not limited to, disputes involving easements, land use and rights, commercial lease disputes, property boundaries, property damage, interference with quiet enjoyment and environmental contamination.

Understanding The Litigation Process

Litigation is the process of resolving disputes through the court system. It follows several stages that are similar across different cases, but each type of legal issue – whether it’s business, trusts/estates or real estate – has its own special characteristics. Understanding these differences can help clients know what to expect as they go through the legal process.

• Prelitigation and investigation: Before filing a lawsuit, parties may try to resolve the dispute through negotiation. If these are unsuccessful, the aggrieved party may begin collecting relevant information and evidence to support the case. At this stage, our attorneys will also evaluate the strengths and weaknesses of the case and the potential costs involved.
• Filing the complaint and response: The litigation process formally begins when the plaintiff files a complaint with the court, outlining the claims against the defendant. The defendant must respond with their own documents or motions. 
• Discovery: This is when both parties exchange information through written questions (interrogatories), requests for documents and interviews (depositions) to build their cases.
• Pretrial motions and conferences: The court will hold scheduling conferences to set deadlines and prepare for trial. During this stage, parties may file motions to resolve certain issues before trial or negotiate to attempt to settle the case without going to trial. 
• Trial: If the parties still have not reached a settlement, the case proceeds to trial. Both parties will present their evidence and arguments. A judge or jury will then make a decision.
• Post-trial and appeals: If a party is dissatisfied with the trial outcome, they may file motions for a new trial or to amend the judgment. They may also appeal the decision to a higher court.

It’s important to note that the specific procedures and rules may vary slightly based on the area of law, the court and the type of case. Our attorneys are skilled negotiators and litigators, and they can represent you in disputes relating to:

• Business law: This often involves disputes over contracts, issues between shareholders and detailed examination of financial records. Lawyers often use summary judgment motions to resolve parts of the case quickly. Trials can be before a jury or a judge.
• Trusts and estates law: Disputes typically include disagreements over wills or claims that someone didn’t fulfill their responsibilities (fiduciary duty) in managing an estate. Discovery focuses on examining trust documents and financial records. Bench trials, where only a judge decides the outcome, are common. Mediation is often encouraged to try to settle disputes before going to trial.
• Real estate law: This includes conflicts about property contracts, titles, boundaries and issues between landlords and tenants. Expert reports, such as property appraisals and surveys, are important for providing technical evidence. Negotiation and mediation are common early steps to resolve issues without a trial.

By understanding these stages, one can better anticipate the legal process involved in taking a case to trial. Our attorneys will work closely with you to pursue strategies that fit your specific circumstances and goals. 

Contact Cushing & Dolan, P.C., Today

If you are in need of litigation services, call us at 888-759-5109 to schedule a consultation. You can also reach us using our online contact form.