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08 Jul, 2024 by Dalane prestenbach
Mr. Baria was very professional and understanding setting up my appointment when coming home from the hospital. He was very accommodating to my needs while in his office. David fought for me in every way possible. He has the most outstanding team helping him as well! Candice is one amazing person, so patience kind and attentive.
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08 Jul, 2024 by Leslie moran
Mr. Baria was so helpful to my husband and I he never hesitated when we had any questions. He scheduled any appointments around my work and my husband’s dr appointments. Mr. Baria’s team at the office is amazing! Candice was always available by phone or email. They are the most understanding patient professional people ever!
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08 Jul, 2024 by Anna pittman
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15 Dec, 2015 by Anonymous
Giving Mr Benvenutti one star is more than he deserves. My parents retained his services after their long time lawyer retired after Katrina. They met with him in 2006 to give him copies of their living trusts and had him draw up a codicil regarding their trusts. My mom met with him again last year...2014 to change her and my father's power of attorney since my father was no longer able to execute if needed. Last week my father passed away and my mom, along with my sister and I met with Mr Benvenutti two days later. He had not reviewed anything regarding my parents trust before our meeting which I felt was pretty unprofessional. An hour into our meeting was spent with him reading the trust that my mom brought to the meeting and not really giving us any clear advice as to what needed to be done moving forward. My mom also was having trouble locating the codicil that was drawn up in 2006...signed originals and asked if he had copies. She only had unsigned copies. He denied ever drawing the papers up, that they didn't use that size paper or font. At the end of our two hour meeting...all of which being charged $200 an hour for someone that didn't come prepared, we left with having to leave my dad's trust without the codicil and a new codicil to be drawn up again so that my mom's wishes could be honored upon her death. Two days later, my sister found the original codicil in my parent's file, signed and witnessed by Mr Benvenutti and his secretary/office manager. I phoned his office to tell him that he didn't need to proceed with re-drawing up a codicil to my mom's trust, that we had located the originals with both of their signatures. I then proceeded to tell the office manager that I was disappointed with the fact they denied and were absolutely positive they did not draw up the codicil which if not found, my dad's wishes would not be fulfilled. The office manager told me by state law, they do not need to keep fike me past 7 years and so they don't. She defensively tried to justify their unprofessional attitude and work ethic. I told her how upset my mom was and she basically said "oh well". What is sad is that my mom thought that this was her lawyer, never released him or went to another. I wanted to write this review because I feel anyone thinking of using this lawyer should probably find another.
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What a Litigation Lawyer Can Do for You

A litigation lawyer specializes in representing individuals, businesses, or organizations involved in legal disputes. Whether you're the one filing a lawsuit or you're being sued, a litigation attorney will advocate on your behalf throughout the entire legal process. Their goal is to resolve disputes, either through negotiation, settlement, or trial. Litigation lawyers can help with a wide range of disputes, including contract disagreements, real estate issues, employment disputes, personal injury claims, and more.

Litigation lawyers provide strategic legal advice and manage all aspects of your case, from filing motions to representing you in court, ensuring that your rights are protected and that you have the best chance of achieving a favorable outcome.

When Should I Hire a Litigation Lawyer?

You should consider hiring a litigation lawyer if you're involved in a legal dispute that you cannot resolve on your own. Common situations include:

  • Breach of contract disputes: If a party to a contract fails to fulfill their obligations, a litigation lawyer can help you seek damages or enforce the agreement.
  • Business disputes: Litigation lawyers can represent you in cases of partnership disagreements, intellectual property disputes, or business fraud.
  • Employment disputes: If you're facing issues like wrongful termination, workplace discrimination, or wage disputes, a litigation lawyer can help resolve these matters through negotiation or court action.
  • Personal injury claims: If you've been injured due to someone else's negligence and are seeking compensation, a litigation attorney can help you pursue your case.
  • Real estate or property disputes: When there are conflicts over property ownership, boundary issues, or lease agreements, a litigation lawyer can assist in resolving the dispute.

Hiring a lawyer early in the process is beneficial, especially if a lawsuit seems imminent or you have already been served with legal documents.

What Does a Litigation Lawyer Do?

A litigation lawyer handles all aspects of your case, from the initial investigation to the trial and even the appeals process, if necessary. Their role includes:

  • Case assessment and investigation: Analyzing the facts of your case and advising whether it’s worth pursuing or defending.
  • Pleadings and motions: Drafting and filing documents to initiate or respond to a lawsuit, including complaints, motions to dismiss, and answers.
  • Discovery: Gathering evidence, including depositions, interrogatories, and document requests, to build your case.
  • Negotiations and settlement discussions: Attempting to resolve disputes through mediation, arbitration, or settlement talks before going to trial.
  • Trial representation: Presenting your case in court, examining witnesses, introducing evidence, and making legal arguments before a judge or jury.
  • Appeals: If necessary, filing appeals to challenge or defend the outcome of the trial.

Litigation lawyers are also skilled negotiators and often work to resolve disputes outside of court to save time, money, and stress for their clients.

How Are Litigation Lawyers Paid?

Litigation lawyers typically use a variety of fee structures depending on the type of case, the complexity of the legal matter, and the financial circumstances of the client. Common payment arrangements include:

  • Hourly rates: Many litigation attorneys charge by the hour, with rates varying based on experience and geographic location.
  • Flat fees: For specific, predictable legal tasks (such as filing a motion), lawyers may offer a flat fee.
  • Contingency fees: In personal injury or other cases where you seek damages, a lawyer may work on a contingency basis, taking a percentage of the settlement or award if you win.
  • Retainer: Some clients pay a retainer fee upfront to secure ongoing legal services. The lawyer then bills against this retainer as work is done.

The exact structure should be discussed in the initial consultation to ensure you understand how and when you'll be charged.

How Much Does a Litigation Lawyer Cost?

The cost of a litigation lawyer varies significantly depending on the nature of the dispute and the lawyer’s experience. Factors affecting the cost include:

  • The complexity of the case: More complex litigation involving extensive discovery, expert witnesses, or multi-party suits typically costs more.
  • Time spent: Litigation cases can be time-consuming, especially if they go to trial. The longer the case, the higher the legal fees.
  • Type of fee arrangement: Hourly rates can range from $200 to over $1,000 per hour, depending on the lawyer’s reputation and location. Contingency fees generally range from 25% to 40% of the settlement or award.
  • Stage of litigation: Cases that settle early in the process are often less expensive than those that proceed to trial or appeal.

It’s crucial to ask about cost estimates during your initial consultation to avoid surprises.

Top Questions to Ask a Litigation Lawyer

Before hiring a litigation lawyer, it's essential to ask key questions to ensure you're choosing the right representation:

  1. What is your experience with cases like mine?
    Ensure that the lawyer has experience handling your specific type of dispute, whether it's a contract issue, personal injury, or business matter.
  2. What are the potential outcomes of my case?
    Ask for an honest assessment of your case's strengths, weaknesses, and the likelihood of success.
  3. What is your fee structure?
    Clarify how you'll be charged, whether by the hour, a flat fee, or on a contingency basis.
  4. How long do you expect my case to take?
    While it's hard to predict, an experienced lawyer can give you a rough estimate based on similar cases.
  5. How often do you settle cases versus going to trial?
    Some lawyers are more inclined to settle, while others may be more experienced in the courtroom. It’s important to understand their strategy.
  6. What is your approach to resolving disputes?
    Some lawyers prefer aggressive litigation, while others focus on settlement or mediation. Choose one whose approach aligns with your goals.

How to Check the Credibility of a Litigation Lawyer

To verify a litigation lawyer’s credibility, consider the following steps:

  • Check bar association records: Ensure the lawyer is in good standing with the state bar and has no history of disciplinary actions.
  • Read client reviews and testimonials: Online reviews can provide insight into the lawyer’s professionalism and track record.
  • Look for litigation experience: Review the lawyer’s website or professional profile to ensure they have handled cases like yours and have a record of success.
  • Request references: Ask the lawyer to provide references from past clients who can speak to their effectiveness and approach.
  • Research their trial experience: If your case is likely to go to trial, ensure the lawyer has a history of courtroom success.

What Should I Prepare for My First Consultation?

To make your first consultation with a litigation lawyer productive, you should prepare the following:

  • A clear outline of the dispute: Provide a timeline and key details about the legal issue you're facing.
  • Any relevant documents: Bring contracts, emails, letters, or any other documentation that pertains to the case.
  • A list of key players: Provide the names of individuals or companies involved in the dispute.
  • Questions about fees and the litigation process: Make sure you understand how the lawyer plans to approach your case and how you will be charged.
  • Your goals and expectations: Be clear about what outcome you're hoping for, whether it's a settlement, compensation, or another resolution.

By coming prepared, you can ensure that your initial meeting with the lawyer is both efficient and insightful, giving you a better sense of how to proceed with your case.

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