A Unique Focus On Litigation
The attorneys of Dinn, Hochman & Potter, LLC, handle all forms of business litigation, including complex matters and other areas of law. With over 100 years of combined experience assisting clients from our Cleveland law office, you can trust our knowledgeable guidance and trial skills to help protect your rights and meet your goals.
We Are Experienced Litigation Attorneys
When we enter the dispute, we will assess where your case stands, including all potential risks and costs to your business. You can be assured that our attorneys will aggressively protect your interests in court. As experienced trial lawyers, we build sophisticated arguments on a foundation of deep legal understanding and comprehensive preparation.
We are equipped to address every type of business dispute, including:
- Shareholder disputes
- Commercial litigation
- Disputes between businesses
- Contract disputes and breach of contract
- Violations of noncompete agreements and confidentiality
- Eminent domain
- Probate litigation
- Appeals
- Commercial loan disputes
- Lender liability
- Prosecution and defense of restraining orders and injunctions
- Administrative appeals
- Probate litigation and will contests
- Commercial real estate loan foreclosure, litigation and workout attorneys
While these matters may start out straightforward and direct, they can quickly be compounded by complexities and legalities that are outside the scope of many firms’ representation. We have a wide breadth of legal knowledge and experience to adjust and adapt, drawing on any necessary areas of the law to move the case forward efficiently.
Our law firm regularly represents companies based in other states that require a local firm. We have many national clients, ranging from closely held companies to larger corporations.
Understanding The Business Litigation Process
Business litigation can be a complex and daunting process, often involving multiple stages that require strategic planning and precise execution. At Dinn, Hochman & Potter, LLC, our Cleveland business litigation attorneys guide our clients through each step of this intricate journey, ensuring they understand and are prepared for what lies ahead.
Here’s a detailed look at the business litigation process and what you can expect at each stage:
Case evaluation and consultation
The litigation process begins with a thorough evaluation of your case. Our attorneys meet with you to understand the facts, gather necessary documentation and assess the legal merits of your case. This initial consultation helps determine the best course of action moving forward.
Pleadings
Once a strategy is in place, the litigation officially starts with the filing of a complaint or petition, which outlines your legal claims. The defendant will then respond with an answer, counterclaim or possibly a motion to dismiss. Our attorneys will handle the drafting and response to these pleadings, setting the stage for the case.
Discovery
This is the most exhaustive phase of litigation. Both parties exchange relevant information and documents related to the case. Discovery tools include depositions, interrogatories, requests for the production of documents, and requests for admissions. Dinn, Hochman & Potter, LLC, ensures thorough preparation and management of the discovery process to build a strong case.
Pretrial motions
Before heading to trial, there may be various motions filed by either party to resolve or clarify issues. Common motions include motions for summary judgment or to exclude evidence. Our attorneys adeptly handle these motions, seeking to position your case advantageously before it goes to trial.
Trial
If your case goes on to trial, both sides will have the opportunity to present evidence to the judge and a jury. Our litigators are skilled in trial advocacy, from opening statements to witness examination and closing arguments, ensuring your side of the story is compellingly told.
Post-trial motions and appeals
After a verdict is reached, there may be post-trial motions to challenge or request the court to alter the judgment. If necessary, the case may also go to an appellate court. Dinn, Hochman & Potter, LLC, stands by your side throughout these steps, continuing to advocate on your behalf.
Settlement negotiations
Throughout the litigation process, and especially after initial findings in the trial phase, settlement negotiations may take place. Our attorneys are skilled negotiators, aiming to reach a resolution that aligns with your best interests, potentially saving time and resources.
Navigating business litigation requires legal experience and strategic insight, both of which our attorneys provide. With our guidance, you can confidently move through each stage of litigation, equipped with the support and knowledge needed to protect your rights and advance your goals.
Is Mediation Always Required?
No, mediation is not always required in business litigation, but it is frequently encouraged as an effective alternative to formal court proceedings. Mediation offers a more flexible, confidential and cost-effective way to resolve disputes without the need for a trial.
In mediation, both parties collaborate with a neutral third-party mediator who facilitates discussions aimed at reaching a mutually acceptable resolution. Unlike litigation, where a judge or jury imposes a decision, mediation empowers the parties to shape the outcome themselves. This autonomy can be especially beneficial in business disputes where preserving professional relationships and safeguarding sensitive information are paramount.
Here are several reasons why mediation is often preferred over litigation:
- Less adversarial: Mediation promotes a collaborative atmosphere rather than an adversarial one, helping to maintain or even improve business relationships. This is crucial when the parties may need to continue working together after the dispute is resolved.
- Cost-effective: The mediation process is typically faster and less expensive than prolonged court litigation. By reducing legal fees and associated costs, businesses can allocate resources more efficiently.
- Flexible solutions: Mediation allows for creative and customized resolutions that might not be available through court judgments. Parties can negotiate terms that are specifically tailored to their needs and interests.
- Confidentiality: Unlike court proceedings, which are public record, mediation sessions are private. This confidentiality protects sensitive business information and can prevent potential reputational harm.
- Time-saving: Litigation can take months or even years to conclude, during which time business operations may be disrupted. Mediation can often resolve disputes in a fraction of the time.
- Reduced stress: The informal setting of mediation can alleviate the stress and anxiety commonly associated with courtroom battles.
- Higher compliance rates: Agreements reached through mediation often have higher compliance rates because both parties have actively participated in crafting the solution.
While mediation is voluntary in most cases, some contracts include clauses that require parties to attempt mediation before pursuing litigation. However, mediation may not be suitable for all situations. In cases involving fraud, significant power imbalances or uncooperative parties, mediation might not be effective.
At Dinn, Hochman & Potter, LLC, our attorneys have extensive experience assisting clients through the mediation process. We can help you evaluate whether mediation is the right strategy for your situation and guide you through each step to achieve a satisfactory resolution while keeping your business objectives in focus.
Contact Our Business Litigation Attorneys In Cleveland
To arrange an initial consultation, please contact our Cleveland-based law firm today at 440-446-1100.