There are various modalities for reaching resolution in a family law case. The term "litigation" commonly is erroneously understood to mean an acrimonious and disruptive process of resolving conflict. We hope that this form of litigation may be avoided, which largely is dependent upon who the other party hires as an attorney and the choices that she/he may make in the course of the dissolution.
More commonly, "litigation" at HFLP means that we represent our clients in the fact-finding process called discovery and the resolution of intermediate issues that arise in the course of moving towards a final determination of each party's interests and rights. Hopefully, this includes voluntary production of information requested by us and a cooperative approach to resolving intermediate issues.
There are times and circumstances in which cooperative behavior is not offered by "the other side". In that case, we have the intelligence, experience, tenacity, and resources to move the matter forward in spite of obstructive behavior.
The vast majority of cases are settled, whether after cooperative fact-finding or active litigation. Rarely, it is necessary to ask a judge to render a judgment in order to bring the case to a conclusion. In that event, HFLP's experience as litigators enables effective preparation for an conducting of hearings or trials.
HFLP's philosophy is to assume that the other side will be reasonable until it is not and that aggressive representation is courteous, smart, reasonable, and tenacious. Aggressive representation should not be confused with rude and discourteous behavior. Credibility of the attorney is vital. Compliance with agreements or court orders is imperative.
The old adage is: Prepare a case to settle and it will be tried. Prepare a case for trial and it will be settled. In other words, excellent preparation and credible arguments combined with a will to persevere usually will get the matter resolved.
This is intended to be a summary description and should not be relied upon as legal advice. More information may be obtained by consulting an attorney providing these services at HFLP.