In today’s world many people use social media such as Facebook, Twitter, Instagram, and so forth to keep in touch with family, friends, and coworkers. This has had many beneficial effects. It has made it far easier for all of us to keep in touch with, or even...
Trust Disputes
Breslin Notices and Mediation in California Trust Dispute Litigation
In last week's Blog article we discussed private mediation as a tool for achieving closure in California trust litigation. Buffington Law Firm's trust litigation attorneys often use mediation in order to lessen our clients' legal fees and to achieve their litigation...
Trust Litigation and Mediation — Shorten the Four Dimensional Chess Game
California Trust Litigation was likened by one wise Judge to a “four dimensional chess game.” Unlike most civil lawsuits, California Trust litigation can sometimes involve multiple petitions dealing with different issues, over a protracted period of time by multiple...
Arbitration as an Alternative to Living Trust, Business, and Real Estate Litigation.
Contractual arbitration clauses are of the more common pitfalls of litigation. An arbitration clause is a written clause in a contract whereby the parties to the contract agree that in the event of a dispute, rather than sue in State or Federal court, the parties...
Why Settlement through Mediation is Often the Best Solution to Trust, Business, or Real Estate Litigation
In last week's Blog article we discussed the nature of private mediation as a solution to trial and verdict. In this article we will discuss why mediation is often the best solution to bringing a lawsuit to a close. Buffington Law Firm's trust, business, and real...
Estates and undue influence
In order to create a valid will or trust, the person doing so must have legal capacity to do so. When someone’s cognitive capacities are compromised, however, they often come become increasingly reliant on a family member, caregiver or fiduciary to make decisions. If...
California Trust Litigation — Avoiding Trust Litigation and the Problem of Poorly Drafted Trusts
Not infrequently, California trust litigation is caused by a poorly or carelessly drafted trust. Litigation can be costly, and trust litigation is a very good example whereby an ounce of prevention can be more valuable than the proverbial pound of cure. Our Firm...
California Trust Litigation: Is It Real, Or is it Precatory? Only Your Trial Judge Knows for Sure
This is our third Blog article in a series dealing with common scenarios that frequently lead to litigation. This week we are discussing the issue of "precatory language." This is a problem that Buffington Law Firm's trust litigation attorneys have dealt with in...
Email as potential evidence in business litigation
In the last two decades, email has revolutionized business communication. In some ways email has made things easier, it can be a convenient channel for suppliers and potential customers to reach out to businesses. If disputes arise, however, the information in all...
California Elder Law: Protecting Vulnerable Elders and Dependent Adults from Undue Influence by Caregivers
Buffington Law Firm's Elder Abuse and Trust litigation attorneys have frequently dealt with cases of financial elder abuse involving undue influence exercised against a vulnerable senior or dependent adult, by a professional caregiver. Frequently these cases involve...