Litigation
When parties cannot come to an agreement on how to settle their differences, then litigation is the logical next step. Frequently, after an action is commenced, the court will order that the parties engage in mediation. If that doesn't successfully resolve the dispute, then the case may be tried before a judge and/or jury. Attorney John M. Kelly is a seasoned veteran of trials and appeals. If a litigant does not feel that justice has been served at the trial court level, there is always an opportunity to take the matter to the Court of Appeals, or perhaps even the Wisconsin Supreme Court. Attorney Kelly has extensive experience in both of these appellate venues, and has helped his clients successfully navigate litigation at the trial and appellate levels.
Trial-level Litigation
Commencement of an action against an offending party or defense against a pending lawsuit at the trial level is a complex matter with many moving parts. Each separate cause of action has its own pleading requirements, statute of limitations, filing deadlines, affirmative defenses, and available remedies. Choice of venue and establishment of proper jurisdiction are additional concerns affecting the justiciability of a potential claim.
Pre-trial negotiations, motions for discovery, settlement decisions, and trial strategy can have a dramatic impact on the success of your case and/or the amount secured as compensation for your claim. Furthermore, all proceedings prior to and during trial are governed by the Rules of Civil Procedure, Rules of Evidence, and other applicable local rules established on the state and municipal levels.
While it is true that some claims can be successfully litigated pro se (without an attorney), the vast majority of cases require the care and attention of an experienced legal practitioner. Kelly & Brand, Attorneys at Law, LLC is home to 42 years of experience in litigation at the trial level. Having a seasoned expert in your corner at trial may be the difference between winning and losing, collecting or paying out.
Appellate-level Litigation
The decision of whether to appeal an unfavorable ruling at the trial-level requires a cost-benefit analysis of many different factors. The likelihood of success on appeal depends on considerations such as the composition of the appellate court, the availability of favorable precedent, the soundness of the decision at trial, and potential miscarriages of justice at trial, to name a few.
Kelly & Brand, Attorneys at Law, LLC has extensive experience trying cases at the appellate level. Attorney Kelly has won virtually every case he has argued before the Wisconsin Court of Appeals and the Wisconsin Supreme Court. Call today to learn more about the risks and rewards associated with pursuing an appeal in the Wisconsin court system.
Alternative Dispute Resolution
In many instances, resolution of disputes amongst parties can be achieved by means other than formal litigation at the trial and appellate levels. Mediation is a judicially prescribed activity prior to trial in which the representatives of parties to a dispute engage in negotiations in the hopes of reaching a mutually beneficial resolution.
Mediation can help to reduce the costs of full-fledged litigation and avoid the risks of unpredictable jury verdicts and judicial rulings. If the costs associated with litigating a dispute are of concern to you, you may want to discuss the potential for alternative dispute resolution with a qualified attorney. Kelly & Brand, Attorneys at Law, LLC has over 42 years of experience in achieving fair and cost-effective outcomes for clients.
