PRACTICE AREA

Litigation Attorney in Illinois

Civil litigation is one of the most fundamental components of the legal system in the United States. Numerous parties are involved in civil lawsuits every year. Although the majority of civil cases are resolved through settlement, some civil cases do go to trial. However, many clients underestimate how much time can be consumed during litigation. Motions, hearings, and conferences require collaboration between both parties. Judges also have a role to play in guiding the course of litigation.

Mediations, arbitrations, and settlement conferences are also important phases of litigation that can lead to settlement. Understanding the different types of cases that can involve litigation can benefit prospective clients.

Case Types and Clients We Represent

Bielski Chapman, Ltd. provides litigation services in Illinois including Chicago, Hinsdale, Skokie, and surrounding communities which includes the following:

Civil Disputes

Civil lawsuits are initiated when the Plaintiff files a complaint with the appropriate court and serves it on the defendant. Some cases involve multiple plaintiffs and multiple defendants. Once the complaint is served, the defendant must draft an answer within 21 days of being served with the complaint, unless the defendant waives service of process, in which case the defendant will have 60 days to file an answer.

Once the pleading stage ends then the discovery phase begins. Interrogatories, requests for production of documents, and requests for admissions are exchanged between the parties. These documents are used to help the respective parties learn more information about the case. Each side will share information so the parties have a more detailed understanding of the case facts and how the law applies to those facts.

Once the discovery phase is done the defendant will typically file a motion for summary judgment asking the court to rule in favor of the defendant. If the court finds a genuine issue of material fact, then the motion for summary judgment will not be granted. If a case is not resolved through settlement, then the court will schedule a trial date and provide deadlines for each side to submit documents and important information such as witness lists, jury instructions, and verdict forms.

Trust Contests

Parties can contest a trust if they demonstrate that the trust is invalid or that the settlor was not of sound mind when they created the trust. Many trust contests are brought by surviving family members of a decedent who believe the settlor created the trust due to undue influence or duress. Many elderly people in the United States may be manipulated by strangers and other non-family members who intend to convince the settlor to transfer their assets to them by creating a trust. Trust contests can be contentious due to family dynamics and emotional investment.

Will Contests

Will contests are similar to trust contests. Illinois and other jurisdictions have will formalities, and these must be adhered to for a will to be valid under state law. Surviving family members of the testator often bring will contests because they believe the testator gave their assets to someone who exerted undue influence over the testator.

Collections

A party may seek to recover the full amount of a debt or partial payment for a debt through civil litigation. These cases are extraordinarily complex, and the lawyers who work on these cases must have a sophisticated understanding of accounting principles, finance, and economics. Debt collection litigation can often be resolved through mediation and arbitration. A settlement can typically be reached to help the parties resolve disputes regarding the debt.

Arbitration

Arbitration is a form of alternative dispute resolution. Arbitration proceedings are private. The evidence examined during the arbitration also remains private. Many parties who do not want their private information exposed to the public often prefer arbitration to litigation. Those who participate in arbitration are noted restricted by the Federal Rules of Evidence. The parties therefore have more freedom in deciding which evidence they will use to develop their respective cases.

Connect With a Civil Litigation Attorney Today

Whether you require legal assistance for a civil case, trust content, will contest, or another legal matter the skilled and experienced attorneys at Bielski Chapman, Ltd. can collaborate with you to achieve optimal outcomes. Schedule a consultation by contacting us today at (312) 583-9430