Litigation

This is where things can get sticky. Whether it’s a business dispute, contract matter, or collections issue, attention and thorough preparation is crucial to reach a good resolution.

Preparation and insight is key

Every lawsuit is different and the goals of each client are different. The method, however, is the same.

Jay has worked on cases as a defense attorney and plaintiff’s attorney, and understands the moving parts that go into a case – from the legal to the practical. Whether a matter involves a business dispute, contract matter, or collections issue, attention to the file and thorough preparation is necessary to reach a good resolution.

Some things to remember about Litigation

  1. In business litigation, the outcome is often less important than the short-term goals. You can ask for injunctive relief, request an accounting, or ask for appointment of a receiver.
  2. A lawsuit provides tools that you otherwise don’t have, such as discovery requests and subpoenas.
  3. Correspond in writing, so that you have a record of conversations. And write everything as if it will be read in court one day.
  4. Mediation is required in all lawsuits filed in South Carolina. But the mediation needs to be done at the right time and with the right mediator, or it’s a waste of time and money.
  5. If the parties agree, South Carolina offers options for “fast-track” trials, which allow for an expedited timeframe to get the case to trial, relaxed rules of evidence, and a six-person jury.
  6. After a judgment is obtained, you have to collect on it. South Carolina law protects substantial equity in a home and does not allow garnishing wages.
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