Frequently Asked Questions About Litigation

When clients first contact us or come into our office, they have a number of questions. We take the time to carefully answer client questions and also try to address their main concerns with our knowledgeable advice.

Below are some concerns that you may be having about your litigation matter.

I am being sued, now what?

The first thing you should do is consult with an attorney and do it quickly. Your time to respond is limited and the litigation process is complicated. An experienced attorney can advise you on potential responses and counterclaims, as well as outline the process for you depending on your circumstances. When you meet with us in our office, be sure to come prepared with the pleadings (lawsuit paperwork) so we can review it during the meeting.

I want to sue someone, how do I start a case?

Again, it is best to consult with an experienced litigation attorney before undertaking any legal action. An experienced lawyer can help you determine what type of relief to request, what Texas law applies, the amount of damages applicable, and the specific documents necessary to pursue a claim. The process usually begins with pleadings, which are the documents that outline what you are suing for and what type of remedy or relief you are requesting. We can help you with any sort of issues or controversies, such as those involved in complex litigation, whether it involves business disputes, commercial transactions, or real estate disputes.

How long will my case take?

The short answer is, it depends. If everything goes well and the parties involved in the lawsuit are able to negotiate an agreement, it may take a matter of months. However, if the issue is complicated and involves a number of parties, then it is possible it could take much longer - a year or more. We always aim for a quick resolution, but there are several factors that have an impact on the length of litigation, many of which are out of anyone's control. It is important that your attorney take the time to ensure the case is dealt with completely.

Will my case go to trial?

Some cases settle outside of trial. Others require a summary judgment or trial for resolution. If your case does go to trial, you will want an experienced trial attorney to represent you. Preparing a case for trial and trying a case is a difficult task, and not every lawyer is capable of successfully trying cases. At Kirkman Law Firm, PLLC, Bill is experienced in trying cases and getting results for clients. Your case may settle out of court through negotiation, mediation, or perhaps arbitration. We always work to reach a positive resolution for clients through whatever method makes sense for their circumstances.

Since you are a small firm, will you have the resources to handle my case?

Yes. Bill is often hired in cases where large firms are on the other side, particularly in high-risk cases. Bill does not accept every case offered to him, so he is available to personally work on those he accepts. Both results and costs are important to clients. Having a smaller firm often keeps legal fees down and provides a better value for the client because less lawyers are involved. Bill believes it also allows for a more focused representation of the client. Bill endeavors to thoroughly review a case right away (up front) so that he is personally familiar with all aspects of the case. He is then able to narrowly direct associates to perform specific tasks that are needed to properly handle the case. Bill has found that as a case progresses, a narrow focus on the specific issues involved is a more productive way to handle a case than throwing many different lawyers at it at different times. Bill has found that this also saves legal fees for the client.

Will you be arguing all aspects of my case in court and taking the depositions?

Yes. Bill rarely, if at all, assigns a court appearance, such as argument in a hearing or trial, to another lawyer. That is his responsibility. In most cases, he also takes all the depositions. That is why he was hired. He frequently assigns associates to help him prepare for hearings and depositions. He prepares matters himself.

Will you have the time to focus on my case?

Yes. Bill tries not to overburden himself and his associates by taking too many cases. He does not take every case that is presented to him for that reason.

Consult With Experienced Counsel To Get Answers To All Your Questions

Call our Fort Worth office at 817-336-2800 with all your litigation questions. You can also email us.