Civil and Business Litigation

Tollefsen Law PLLC (TL) focuses on complex business and commercial litigation. We also know that businesses usually do not make money litigating. We know litigation usually take valuable time and resources that you would prefer to use elsewhere. Unlike some law firms that tend to find a way to create large fees before looking for a solution, TL is focused on settlement from the onset of the case. Over 95% of civil cases settle before trial. You can expect an honest assessment of your case when we open your file. You will have an opportunity to fully discuss your case and evaluate all alternatives.

Controlling litigation costs

Litigation can be very expensive. TL works hard on minimizing fees. Hourly rates are reasonable. Expensive downtown offices and marble staircases are avoided. Litigation plans attempt to achieve maximum result with minimum cost. Tasks are automated. Files are paperless. The most advanced legal management software is utilized.

Practical difficulties with finding a fair settlement.

Regardless of your motivation to find a quick solution, there are many barriers. If you are the one bringing the action (plaintiff or claimant), the defendant is often unwilling to admit error or that your case has any merit. Plaintiffs should not go forward with litigation unless they are prepared to go to trial. Expecting a defendant to pay a significant amount of money without convincing proof of liability. Don't expect litigation to be easy for the plaintiff.

It is often difficult to settle as a defendant even if you think you did something wrong. Plaintiffs and their lawyers can have unrealistic expectations.

Types of Cases

Business and Contract Litigation.

Typically, business litigation involves contracts that have an attorneys' fee clause. The loser pays the winner. Both sides have an incentive to minimize costs and risks. Expect to spend a minimum of $5,000 and a maximum in six figures. International arbitration and litigation can be even more expensive.

Bankruptcy litigation.

Law suits in bankruptcy court are called adversary proceedings and generally follow the federal rules of procedure. In addition to its federal court litigation experience, TL is experienced in obtaining non-dischargeable judgments in cases of financial fraud.

Bankruptcy Litigation Overview

Collection of Debt.

Usually the reason the debt is not paid is the financial straits of the debtor (defendant or respondent). If you are bringing an action against an insolvent defendant for a clearly documented debt, you will probably obtain a judgment but may never collect it. Expect legal fees if there is no defense or a limited defense to range from $2,500 to $10,000.

Cost of Litigation Versus Collectability

Securities and Other Financial Fraud.

Often these cases are handled on a contingency fee agreement. A minimum of $200,000 of money lost is required to justify the cost and risk of TL taking a contingency case. This is true with court cases and FINRA and other arbitration. The greatest difficulty with these cases is finding a solvent defendant. If you bring this type of action with your own funds, expect to spend a minimum of $10,000 and a maximum in six figures.

Whistleblower Cases

TL takes selected Sarbanes Oxley and False Claims Act whistleblower actions on contingent fee basis. These case are inordinately expensive because the defendant is usually a large public company that has no incentive to settle. Expect legal fees and costs to start at $100,000 and often to exceed $500,000. SEC whistleblower cases usually involve completing a few forms and are much less expensive.

More on Whistleblower Cases

Internal Investigations

There are times when an investigation must be done by a professional and be kept confidential. Only an attorney can provide the protection of the attorney-client privilege. An attorney who is a Certified Fraud Examiner and Certified Controls Specialist offers an additional dimension of professionalism and privacy.

More on Internal Investigations

Mediation and Arbitration

Mediation is usually voluntary and involves the litigants meeting with a neutral professional who attempts to reason the parties into settling. It can be very effective. The mediator is paid hourly by the parties. It is non-binding.

Arbitration occurs under contractual agreement and in smaller court cases. Unfortunately, it has is often as expensive as court litigation and has none of the safeguards. There is no right to jury and practically no right to appeal. It is often used by big corporations to eliminate class actions and make it impossible for consumers to afford a lawyer to handle the case.

Legal fees.

Small Claims Courts

Small Claims courts are the suggested solution for cases with claims under $10,000.

Cases less than $5,000. Small Claims Courts.

Litigation in Washington State

Guide to Washington Courts

Tollefsen Law litigation department