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12 Feb, 2020 by Pam
Lindsey Straus recently assisted our retail business with trademark issues. She was referred to us by our local chamber of commerce and we are so glad to have had her expertise and experience guiding us. She is extremely thorough, very responsive and advised on all the legal issues involving a trademark. We had met with others re: our trademark and chose The Law Office of Lindsey Straus to represent us, and we definitely made the right decision. Highly recommend!
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27 Sep, 2019 by Donald
Lindsey prepared trusts, last will and testaments, powers of attorney, trustees certificates and health care proxies for my wife and me. She was extremely expedient but thorough and prepared all these documents for a third of the price of a Hyannis lawyer who had quoted the job. Her handling of our personal preferences for last rites was particularly compassionate.
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05 Nov, 2017 by Ken
A few short years ago my company ran into an egregious trademark and copyright infringement. In reviewing local attorneys, I discovered Ms Straus had extensive experience in the field and hired her. Despite the complexity of the case, we achieved a resounding success and very quickly. We again ran into yet another similar infringement in the past couple months so I called upon Attorney Straus yet again. And again, in a matter of only a couple weeks she was able to shut down the violation and bring it to a quick resolve. Not only that, it ended up not costing me a penny. Should we find ourselves confronted with yet another ne'er-do-well attempting to steal our IP down the road, be assured we know who to call. I recommend anyone else do the same.
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21 May, 2024 by Margaret coupal
Very happy with the service John and his wife provided. Definitely know their business.
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18 Mar, 2024 by Elizabeth ryan lane
Jim is helping me settle a family member's estate. His compassion and insight have helped me tremendously during this difficult time. He is knowledgeable, responsive, and a thoughtful listener. I have come to rely on his good judgment and counsel. I live out of state and Jim has been very accommodating in making time to fit me into his schedule when I am on the Cape- sometimes without much advance notice at all! He is a lawyer who uses his professional skills to make things better for other people, and I highly recommend him.
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08 Mar, 2024 by Jim birchfield
I have been a client of Jim's for more than 10 years and he has always provided the highest level of service in every purchase or sale. Jim brings a wealth of experience and expertise to the table, so even the most complicated transactions go smoothly. I will always hire Jim as my real estate attorney and I highly recommend him to others as well.
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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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