North Carolina Litigation Services
We can help with:
Contract Disputes
Real Estate & Property Disputes
Boundary Line Disputes
Easement & Right-of-Way Disputes
Partition Proceedings
Heirs’ Property & Co-Ownership Disputes
Estate & Inheritance Disputes
Will Contests
Guardianship Disputes
Business & Commercial Disputes
Litigation FAQs
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Contact us as soon as possible. If you have already been served with a lawsuit, there are deadlines for responding, and failing to respond on time can have serious consequences. Bring us everything you received, including the summons, complaint, letters, emails, contracts, and other documents related to the dispute.
If a lawsuit has only been threatened, getting legal advice early may give you more options for resolving the problem before litigation begins.
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Not necessarily. Many disputes can be resolved through negotiation, mediation, or an agreement between the parties without a trial. In fact, a practical resolution reached early can often save everyone significant time, expense, and stress.
Sometimes, however, filing a lawsuit or asking the court to decide the issue is necessary. We help clients understand their options, evaluate the risks and costs, and choose a strategy that makes sense for the dispute.
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Litigation costs vary significantly depending on the complexity of the dispute, the amount of discovery required, whether expert witnesses are needed, and whether the case can be resolved early or proceeds to trial. Litigation matters are billed hourly, and we discuss our rates and any required retainer with you before beginning representation.
We also talk candidly with clients about whether the likely cost of litigation makes sense in light of what is at stake. Not every dispute is worth litigating simply because you have a legal right to do so.
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When two or more people own real estate together and cannot agree about what to do with it, a partition proceeding can provide a way to end the shared ownership. Depending on the property and the circumstances, the property may be physically divided, one owner may have an opportunity to acquire another owner’s interest, or the property may ultimately be sold and the proceeds divided.
Partition cases often arise with inherited family property, former partners, or co-owners whose circumstances or goals have changed.
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Start by getting legal advice before taking matters into your own hands. Property disputes can escalate quickly, and actions like blocking a road, removing a fence, cutting trees, or interfering with someone’s access can make the situation more difficult.
We can help determine where the boundary lies or what rights an easement actually provides, then work toward a solution. That may mean negotiating an agreement with your neighbor, documenting or clarifying an existing easement, obtaining a new survey, or asking a court to determine the parties’ property rights when an agreement cannot be reached.
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It depends heavily on the case. Some disputes can be resolved through negotiation or mediation within a few months, while contested cases that proceed through discovery, motions, and trial usually go one for 18 months or longer.
At the beginning of a case, we explain the likely process and help you understand what to expect, but litigation timelines are affected by the parties, the complexity of the issues, and the court’s schedule.
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Most civil disputes are resolved before trial through negotiation, mediation, dismissal, or settlement. We look for reasonable opportunities to resolve a case throughout the process, but we also prepare each case with the understanding that a trial may ultimately be necessary.
Our goal is not litigation for litigation’s sake. Our goal is to identify the most practical path toward the result you need.
***To protect yourself, you should never sign documents pertaining to your property interests or rights without having them prepared or reviewed by an attorney. This includes contracts, easements, deeds, deeds of trust, and estate planning documents. Signing loan documents without an attorney may obligate you to a high cost loan; fail to adequately pay off, close and cancel outstanding loans; or create title defects which are very costly to correct.***