Litigation Services For Businesses And Individuals In Massachusetts

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. 

Frequently Asked Questions About Litigation Services

Our clients often have questions about the litigation process and what to expect when pursuing legal action.

How long does the typical litigation process take?

The duration of litigation varies significantly based on case complexity, court schedules and willingness to negotiate:

• Simple contract disputes: Six to 12 months
• Complex business litigation: Two to four years or longer
• Real estate disputes: 12 to 24 months
• Estate and trust cases: Often longer due to probate court schedules

Discovery phases can extend cases when they require comprehensive document review or multiple depositions. Court scheduling presents challenges as busy dockets may delay hearings by several months. Estate litigation moves more slowly than general civil courts, though mediation can reduce timeframes when successful.

What are the potential costs involved in a litigation case?

Litigation expenses vary widely depending on case complexity and duration. Major cost components include:

• Attorney fees based on hourly rates and case complexity
• Court filing fees and administrative expenses
• Discovery costs, including document production and depositions
• Expert witness fees for reports and trial testimony
• Process server and miscellaneous court costs

Attorney fees typically represent the largest expense, with rates varying based on experience and case type. Complex business disputes requiring financial analysis, forensic accounting or multiple depositions generate substantially higher fees than straightforward contract disagreements. Discovery expenses can become significant when cases involve extensive document production or lengthy deposition schedules with multiple witnesses.

Expert witnesses may charge considerable fees for report preparation and trial testimony, particularly in real estate disputes requiring appraisals, surveys or environmental assessments. Some cases may qualify for contingency arrangements or alternative billing methods depending on circumstances. Many clients benefit from discussing fee structures, cost estimates and payment arrangements during initial consultations to better understand their financial commitment.

Can disputes be resolved without going to court?

Yes, many disputes resolve through alternative methods that avoid lengthy court proceedings. Common resolution options include:

• Negotiation between attorneys to reach settlements
• Mediation with neutral third parties facilitating discussions
• Arbitration, where cases are presented to arbitrators instead of judges
• Early case evaluation to determine the most effective approach
• Prelitigation letters or demands that prompt settlement discussions

Negotiation often produces settlements that satisfy both parties while reducing time and expense. Mediation provides structured discussions with high success rates in estate and family business disputes. 

Arbitration moves more quickly than traditional litigation since arbitrators schedule hearings more flexibly than busy court systems. Settlement opportunities continue throughout litigation as parties gain an understanding of their positions.

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.