Practice
Trial and arbitration
Most business disputes settle, and a good settlement depends on a case that is ready to be tried. When yours doesn't settle, we try it, to a jury, a judge or an arbitrator.
What preparing for trial actually involves
Trial readiness starts at the first meeting: which witnesses matter, which documents prove the point, and which facts the other side will attack. We build the exhibit list early, and we prepare every witness on both direct and cross-examination.
Court or arbitration?
Arbitration is often faster and private, but the fees for the arbitrator can be high and an appeal is rarely possible. Court is public and slower, with a jury if you want one. When the contract leaves you a choice, we price both for you.
A worked example
A sample case: a software reseller and its former vendor tried a commission dispute to an arbitrator over three days. The reseller had asked for $410,000; the arbitrator found $162,000 owed, plus interest. The arbitrator's fees, split between the sides, came to about $21,000 each. Composite example. Your facts will differ, and past results don't predict yours.
What we bring to a hearing
Three lawyers, so the one who planned your case is the one who stands up in court.
Jury and bench trials
In state district court and in federal court.
Commercial arbitration
Under the rules your contract names, with one arbitrator or a panel of three.
Mediation
Preparing the written statement and the numbers that move a mediator.
Second-chair support
Joining another firm's trial team when it needs a business trial lawyer.
Questions about trial and arbitration
How often do your cases go to trial?
Most settle, often at mediation. We prepare each one as if it will be tried, because that preparation is what earns a fair settlement.
Can I choose arbitration after a lawsuit is filed?
Only if both sides agree. Without a clause in the contract, either side can insist on court.
Who pays for the arbitrator?
Usually the parties, split equally unless the contract or the rules say otherwise.
Is your case heading for a hearing?
Book a first call. We'll tell you how ready it is and what getting it ready would cost.
A first call is free and doesn't make us your lawyers; a signed engagement letter does.