9 Step Real Estate Litigation Process

Here’s a brief overview of how your case will Progress to a Successful Resolution:

  1. Initial Review of your evidenceWe review all of the documents, photographs, and other items that you have provided us. These documents will play a big role in evaluating your case. We also make a list of additional items that we may need from you. While your help may be needed in securing some of your records, the team at Littlejohn Law works to make the process go smoothly with as little work for you as possible.  
  1. Quick Search of Record Owner We go to the courthouse and obtain the deed to your property to ensure that you have good title to the property. It should be noted that we do not perform a Title Search on the property to find out if there are any liens or encumbrances on the property, at this stage we are just making sure that you are entitled to possession of the property and that you are in fact the owner of the property.
  1. Case Evaluation After we review all of the initial documents and the additional documentation, we schedule a meeting to discuss the case with you. In this meeting we discuss your desired outcome and what we feel is a realistic resolution based on our experience with real estate matters and other cases with similar facts. Your case evaluation is not a guarantee of an outcome, but it does provide you with our in-depth analysis of any potential issues with your case.
  1. Send a Demand Package At this point, we are clear on your position and have facts to support it. This is essentially the complete documentation regarding your real estate property issue along with a demand for resolution based on our case evaluation. We will take care of dealing with the other side and inform you of the responses we receive.
  1. Response & Negotiations In some cases, we receive a prompt response and others we don’t receive any response. This gives us an opportunity to learn more about the case by hearing from the opposition. Not every case settles before trial, but there is a time during which we will negotiate on your behalf with the opposition. These negotiations will usually go back and forth for some time. It could take several months and continues even after the case has been filed. But if a resolution that is fair for you doesn’t look likely in the negotiation stage, then we will take the next step.
  1. Filing Your Case This is the actual act of “suing” someone. We would file your case with the appropriate court and start the process of going to trial in motion. We go to trial on a regular basis, so we have no fear of the filing your claim. Make sure that whomever you hire to handle your case feels the same way.
  1. Discovery & Trial Preparation This is what happens after your lawsuit is filed and what typically takes the most time. The Discovery process is the exchanging of documents, taking depositions, hiring & consulting experts in an effort to build the strongest and best case. We’ll schedule meetings to go over the responses and provide you with sample questions based on the issues in your case.
  1. Negotiations – That’s right there is more negotiating at this point in the case depending on the outcome of the Depositions and Hearings on which evidence is “in vs. out.” Once all that data is in, I work with you to arrive to a sound strategy that accomplishes your goals. In many cases our strategy results in a settlement; however, if the strategy doesn’t result in a settlement, we move into litigation. And I’m your trial lawyer on the case.
  1. Trial This is what you see on TV all the time. When everyone’s in front of the Judge and Jury presenting the case. In reality, less than 2% of cases actually make it to Trial, but you never know.