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The Practice of Law

Believe it or not, the law is living, dynamic and ever-changing, it is not a static set of rules engraved in stone.  For one thing, new state and federal statutes and codes are enacted during each meeting of legislators.  In addition, judges continue to rule on issues before them. 

Before making decisions, a judge must evaluate the facts presented to him/her, and whether the legal theories presented by the attorneys in a case are in keeping with the law.  The judge interprets the law as it applies to the issues by reading and analyzing the law as written, and by reading and analyzing the rulings of other judges (known as case law) who have had similar issues before them.

An attorney's job is to ascertain the facts of a situation and analyze them in regards to both the law and his or her client's goals.  Then the attorney must figure out how to accomplish those goals.  Like judges, an attorney also uses case law to help determine how this can be done.  This applies to all areas of legal work, not just trial work.  Any written work performed by an attorney, whether a pleading, contract, operating agreement or a Last Will & Testament is written to be able to stand the test of evaluation by a judge.  A contract or other document written without the consideration of law may be broken or struck down by a judge.

Preparation, Prevention and Resolution – in keeping with the law

We strive to prepare our clients by planning for long-term contingencies, whether likely or unlikely.  We do not want the achievement of your goals to be disrupted by non-compliance with the law or by short sightedness in a contract or agreement.  Preparation is key to avoiding legal issues to begin with.

Some examples of proper preparation include:

With our help, our clients can prevent more short-term legal issues by evaluating the client's current concerns.  And, if you have failed to prepare and have encountered a problem, we can help you prevent the same issue from happening again.

Finally, our firm believes in resolving immediate legal issues in the most advantageous and cost effective manner for our clients.  Remember – Don't sit on your rights!  There are time limits on some types of claims and actions – contact an attorney when there is a problem.  Your legal issue cannot be resolved if you do not act.  Resolution of a legal matter with an attorney involves first the evaluation and analysis of the facts in light of both the law and the client's goals.  The next step is to negotiate, which is the least formal method of resolving the dispute.  If negotiation fails, the issue can be mediated, arbitrated or litigated or any combination of all four.

The end result is that either a compromise (settlement) is eventually reached or that the matter is tried in Court and a judgment obtained.  Most legal issues are resolved by settlement.

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