Alternative Dispute Resolution
Arbitration is a private dispute resolution method that can be faster and more cost-effective than litigation but comes with limitations like restricted discovery and appeal rights. Understanding when arbitration is required and weighing its pros and cons is crucial. McLellan Law Group, LLP can help you navigate arbitration decisions with expert legal guidance.
Mediation is a private, cost-effective alternative to litigation where a neutral mediator helps parties negotiate a resolution. It can save time, reduce stress, and avoid court delays—but it does require upfront costs and willingness to compromise. Want to know if mediation is right for you? Read the full article.
APPEALS
Choosing the right appellate attorney is crucial for a successful appeal. Key factors include experience, strategy, fees, timeline, communication, and who will handle your case. McLellan Law Group, LLP provides expert appellate representation to help you navigate this complex process.
Hiring an appellate attorney can significantly improve your chances of success by identifying trial errors, crafting strong legal arguments, and navigating complex appeal procedures. Their expertise ensures a well-prepared case, increasing the likelihood of a favorable outcome. McLellan Law Group, LLP provides skilled appellate representation to protect your legal interests.
EMPLOYMent LAW
The Older Workers Benefit Protection Act (OWBPA) safeguards employees 40 and older from age-based discrimination, especially in severance agreements. It ensures clear disclosures, mandatory review periods, and the right to challenge unfair treatment. McLellan Law Group, LLP provides expert guidance to help protect your workplace rights.
Severance negotiations can provide financial security, continued healthcare, job placement support, and flexibility to pursue new opportunities. A well-negotiated package ensures a smoother transition while protecting your rights. McLellan Law Group, LLP helps employees secure fair severance terms and navigate their next career steps.
GENERAL CIVIL LITIGATION
Arbitration is a private dispute resolution method that can be faster and more cost-effective than litigation but comes with limitations like restricted discovery and appeal rights. Understanding when arbitration is required and weighing its pros and cons is crucial. McLellan Law Group, LLP can help you navigate arbitration decisions with expert legal guidance.
California’s new discovery rules require mandatory initial disclosures and impose stricter sanctions for misconduct, aiming to improve transparency and efficiency in litigation.
Understanding these changes is crucial to avoiding penalties and streamlining your case. McLellan Law Group, LLP can help you navigate these updates and stay compliant.
Prevailing party attorneys’ fees are often tied to contract provisions, but indemnity clauses may also allow recovery in certain disputes. The specific language of the indemnification provision determines whether fees apply beyond third-party claims. McLellan Law Group, LLP can help assess your contract and legal options.
Fraud claims can be unintentionally waived if a party benefits from a contract amendment or reaffirms the original agreement after discovering fraud. Courts assess whether actions constitute waiver or equitable estoppel. McLellan Law Group, LLP can help protect your rights and navigate these complex legal issues.
An "I don’t recall" response in written discovery can be evasive and may not prevent new information from emerging at trial. Understanding California’s discovery rules can help lock in responses, challenge incomplete answers, and bolster sanctions claims. McLellan Law Group, LLP can help you navigate discovery disputes effectively.
Depositing your own witness can be crucial if they are at risk of becoming unavailable due to illness or other circumstances. Preserving testimony through deposition ensures key evidence is not lost for trial. McLellan Law Group, LLP can help you strategize and protect your case.
Real Estate Litigation
Learn how partition actions work in California, what steps to take, and which legal protections apply. Discover how the Partition of Real Property Act affects co-owned property disputes.
Silicon Valley's high-stakes real estate market presents unique legal challenges, from fraud claims to contract disputes and zoning issues. Understanding these common litigation risks can help protect your investments. McLellan Law Group, LLP provides expert legal guidance to navigate complex real estate disputes.
Trust & Probate Litigation
Receiving a trust notice means you may have legal rights or inheritance at stake. You have 120 days to act, request a copy of the trust, and challenge unfair changes if needed. McLellan Law Group, LLP can help protect your interests and navigate trust disputes.
Trust litigation resolves disputes over trust management, fiduciary duties, and asset distribution. It may be necessary when trustees mismanage assets, beneficiaries disagree, or legal violations occur. McLellan Law Group, LLP provides expert legal guidance to protect your trust rights and interests.
No-contest clauses in California wills and trusts deter beneficiaries from challenging estate plans by risking disinheritance. Courts enforce them only under specific conditions, emphasizing probable cause. McLellan Law Group, LLP can help you navigate no-contest clauses and protect your estate plan.
Undue influence in California trust disputes occurs when excessive persuasion overcomes a trustor’s free will, resulting in an unfair outcome. Courts assess the victim’s vulnerability, the influencer’s authority, their tactics, and the resulting inequity. McLellan Law Group, LLP can help you challenge undue influence and protect your inheritance.
The Great Divide: California Appellate Courts Split Over Trust Modification Methods Claire Melehani