Category: Litigation

By Kathi Smith

When the parties’ contract provides that the prevailing party shall recover reasonable attorney’s fees in any dispute arising out of the contract, fees sought must be reasonable in relation to the services performed. If the opponent’s case was over-lawyered, if  fees are block-billed, if clerical tasks are included in the billings,...

By: Kathleen Smith, Esq. When the volleys of accusations and defenses have played out in litigation, parties usually agree to settle their lawsuit. Typically, litigants are free to negotiate a mutually agreeable—and mutually disagreeable—settlement without involving the court other than to file a Request for Dismissal. But in a PAGA case, the parties must...

By Kathleen J. Smith

Arbitration is Alternative Dispute Resolution, “ADR”. It is similar to Mediation, except Arbitration results in an award imposed by a neutral decider, whereas Mediation results in an agreed-to settlement often designed by the neutral but thoroughly adopted by the disputing parties. Both ADR methods...

By Kathi J. Smith, Esq.

If circumstances have required you to get involved in litigation, you may find the process of selecting an attorney to be overwhelming. There are, however, some steps you can take to make the selection process a bit easier.

First, you should consider hiring someone...

By Kathi J. Smith, Esq.

Matters that are subject of litigation are ultimately decided on facts and the applicable law. We uncover those facts by "discovery."  There are many tools in the discovery toolbox. A deposition (questioning of a party or witness under oath, often referred to as a "depo")...

By Roy Schneider, Esq.

A lawsuit can damage more than just the bottom line of your business. In addition to costing money that could be put to better use, a lawsuit is also an unwelcome distraction for the owner, managers and employees. It can...