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18 Sep, 2024 by Jessica keil
I have waited several years to write about my experience with Gislason & Hunter (hereinafter, “G&H”) for many reasons. I hired G&H around 2016 after the passing of my father. I hadn’t talked to the only other beneficiary to my father’s estate, my brother, a criminal defense attorney, in 2 years. My brother did many unethical things )falsely accused me of crimes, framed me for crimes, lied about he was entitled to money with only me listed as beneficiary to name a few infractions in the estate which is what led me to hiring G&H. I provided all my information and organized everything in a binder. After first meeting with opposing counsel, I was yelled at and accused of withholding information from my attorney. I pointed out I had been charged 5 hours to review my documentation, which included the information I was accused of withholding. Things just kept getting worse from there and my confidence in the skill set lessened. I believed them to be working on behalf of protecting my brother, a fellow “brother in law,” as the work done on my case was so incompetent. On top of fighting my brother’s continuous false allegations, all of which the law firm had reviewed, despite this I was constantly talked down to and falsely accused by my attorney who never believed me until I reminded him of this already being reviewed and then resending a copy of documents or pictures to prove my innocence. I felt like I was fighting not only my brother but my own law firm who was not on my side representing me. I started doing legal research on my own because of the incompetence and almost purposeful failure of G&H to protect me and move this estate along (my father had names on everything so it shouldn’t have taken several years and multiple conversations a month with my brother to resolve this. Essentially, it appeared my brother was dragging this out (and G&H doing nothing about this to stop it and (again) protect me, was to bankrupt me in legal fees. After about the 5th false allegation from my attorney, I got upset and questioned how I was charged to review data when he didn’t seem aware of any of my documents. I was then told this attorney was too busy and had to assign me to another lawyer who I found out was going out on paternity leave around a month into working with me. I had to go through with the new attorney and spend more time and legal fees reviewing and making plans. When he went out on paternity leave, I was reassigned to the original attorney. We had a conversation to negotiate with my brother that if he stopped all legal battles I would buy him out of his share of my father’s property. I said I can’t afford to keep going with the legal battle and buy the property, and he wasn’t paying any bills or helping care for he property which was not addressed by my attorney on my behalf. My attorney wasn’t taking notes and offered up a deal without letting me review before sending and did the opposite of what I said to do and when I caught wind, I confronted my attorney asking if he kept notes because we seemed to spend a lot of time reviewing previous conversations (time=cost to me) and he made an error for which he said now it was made we couldn’t take basic. I had enough and fired G&H. I wrote the owner and a senior partner about my experience. The senior partner said he would take over and get this over immediately. Another lie. I tried reaching out about legal matters that were going to impact me as my brother refused to pay property taxes and our names were about to be published in the newspaper. It took 4 freaking months and my husband and I taking time off work and driving 2 hours to meet up with this attorney and ask why our needs were not being addressed and it was impossible to get this finalized or any communication from G&H or our problems addressed (once you hire an attorney, you can’t go to the other party to talk…everything goes through the attorney). I would never recommend this company. Dishonest, failure to protect, advocate, be efficient and incompetent, unethical.
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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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