Civil Litigation

 

San Diego Defense – Civil & Criminal Litigation Attorneys

At Spital & Associates, we have in the past represented clients in the defense of most civil, and currently focus on the defense of Federal and State criminal cases with an advance Retainer, against which hourly fees may be billed.  Civil defense cases involve real estateemployment lawconsumer fraud, collections, business law, contractsmanaged health care, education law, other forms of civil litigation; and, the prosecution and defense of personal injury and wrongful death.

We aggressively pursue settlement by negotiation &/or mediation at the earliest phase of a client’s case, often before either side files a lawsuit. However, not all cases can be resolved at the outset and not all clients desire to compromise a dispute. Nonetheless, we endeavor to explain to our clients the advantages and disadvantages of litigation as well as the alternatives. We do not want a client to invest in their case only to decide at some later point they are no longer emotionally and financially prepared to continue with their case &/or go to trial. In some instances, it is easy for a client to become discouraged by protracted litigation or feel they are being exploited by an unreasonable opponent.

We have sought to pursue settlement &/or mediation at all stages of civil litigation as it is most often beneficial to all of the parties to resolve their dispute rather than wait for the outcome by letting the judge or jury decide who should be the prevailing party. In addition, the more money each side spends in litigation, the less inclined anyone is to settle their case; and, the longer the case is in litigation, each side becomes more entrenched in believing they should go to trial. This is true even though over 95% of all cases are resolved before trial. their position.

At Spital & Associates, we are dedicated to help you resolve your case. We will examine the array of possibilities to advise you on all aspects of litigation, including dispute resolution, mediation and arbitration. There are even some situations in which bankruptcy may be considered. Here is a summary of some of our primary areas of practice:

  • Business and Commercial Law: We provide legal advice to and represent both small and large businesses. This includes choosing which type of organizational entity to operate (sole-proprietor; partnership; LLC, Corporation); interpreting a variety of business agreements; the selection of appropriate forms of insurance; buying and selling a business; day-to-day operations; and when desired, to  assist a client in the dissolution of a business.
  • Business Litigation: When a business has a dispute or faces a potential lawsuit, we are prepared to represent and provide legal advice in order to assist our clients in such matters.
  • Business Torts: If you are being investigated, involved in &/or charged with negligence or a business tort, Spital & Associates is available to provide a free attorney consultation to help you decide how we can help.
  • Employment Related Cases: At Spital & Associates, we have represented both sides in an employment case, including employers and employees in personnel matters as well as an allegation or complaint concerning a hostile environment, wrongful termination and/or constructive discharge.
  • Professional Licensing: As a former Deputy Attorney General, our Managing Attorney Sam Spital has over four decades of specialized experience in handling at one point the prosecution for the Department of Justice, and since 1978 the defense side of nearly all State Agencies, Bureaus, Boards and Departments in California that issue professional and occupational licenses, permits and certificates.
  • Real Estate Law: If you are involved and would like advice and representation in a residential or commercial real estate transaction, including purchase and sale,  construction, remodeling, leases, view and CC&R restrictions, quiet title actions or disclosure disputes, call Spital & Associates for a free attorney consultation.