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March 2014 Archives

Trust Disputes: When You Receive a "120 Day Letter" From a Trustee

Buffington Law Firm's trust litigation attorneys often answer questions from trust beneficiaries when beneficiaries receive a "120 Day Letter" from a Successor-Trustee of a trust.  Generally, this letter will advise the beneficiaries (in rather obtuse language) that the Trust has become "irrevocable," that they have a right to receive a copy of the Trust, and that they have a limited time to "contest" the trust following their receipt of the letter.  This letter can be very important in the context of trust disputes.

Business and Trust Litigation: How Much Will It Cost?

One of the most frequent and reasonable questions that Buffington Law Firm's business, trust, and real estate litigation clients ask us is: "how much will my lawsuit cost me?"  Whether you are a plaintiff or petitioner on the one hand, or a defendant responding to a lawsuit on the other, the answer to this question matters.  Very few clients have unlimited deep pockets.  While our clients always have a solid case, almost none of them have unlimited budgets.  Cost is always a critical consideration.

Business Litigation: Mediation as a Litigation Tool

Formal mediation can be an effective tool in business, trust, and real estate litigation.  In business litigation, Mediation is essentially a process in which the parties attempt to conclude a settlement of their lawsuit before the trial date without going to trial.  In mediation the two sides agree on a mediator (often called a "neutral") who will attempt to stand between the two sides and help them settle their case.  Usually a mediator will be a retired Judge, or in some cases an experienced attorney trained and experienced in mediation.

Business Litigation: Should I Settle My Case or Go to Trial?

In many business litigation, real estate litigation, and trust dispute cases, in many circumstances it is more cost-effective to settle a case as opposed to taking the case all the way to trial and verdict.  The factors that determine this decision are complex, and in this short Blog article I will try to present an overview of some of the factors that determine whether settlement is a good option in business litigation.

Social Media in Business and Trust Litigation

Buffington Law Firm's Orange County business and trust litigation attorneys have engaged in many trials concerning business, real estate, and trust disputes over the past 18 years.   We have noticed certain trends concerning the types of evidence that have been important to the outcomes of these cases.  This is a continuation of last week's Buffington Law Firm Blog article in which I discussed the dangers and importance of email as evidence in business, trust, and real estate litigation.  Today's Blog continues this discussion regarding Social Media.

Business Litigation and Email: The Chris Christie Example

In last week's business litigation Blog, we talked about some of the dangers of email in business litigation.  Buffington Law Firm's business litigation trial lawyers have noted a trend in recent years whereby email between the parties of a breach of contract or other business dispute has become a key source of admissible evidence at trial.  In numerous breach of contract lawsuits that I have personally taken to trial, it was clear that the email between the parties was the most important and usually the decisive evidence in the trial.

Email as Evidence in Business and Trust Litigation

Buffington Law Firm's business litigation attorneys have represented clients in business, real estate, and trust dispute trials for over 16 years.  During this time we have noticed a number of important trends that people should keep in mind when engaged in a business or trust dispute.

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Buffington Law Firm, PC
8840 Warner Avenue Suite 300
Fountain Valley, CA 92708

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