Litigation and Conventional Representation

In this process, each party retains their own attorney, and one or both may be skilled in settling a case. Regardless, if settlement is not a priority or it appears that both parties are not in settlement mode, a Request for Judicial Intervention may be filed which triggers the appointment of a Judge to the case. At that point, the pacing and objectives of the case will be dictated by the court, as parties and attorney will be required to appear for court conferences, comply with deadlines, and usually motions will be filed requesting the court for various relief, including but not limited to temporary support. Court intervention increases costs and increases animosity between the parties.

 

Additionally, as the case progresses, an attorney will be cognizant that a trial in the matter may be inevitable.  Months prior to the trial date, preparation must begin, even though it is a well established fact that 90% of cases settle prior to or during the trial. This process involves significantly higher counsel fees and can take years to complete.

Mallis Law, 2017

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