How it works.
Some lawyers treat litigation as a process to be managed. We treat it as a problem to be solved , and the solution we are working toward, from the first day we take your case, is winning.
Here is what the process looks like…
Intake and Case Evaluation
Pre-Litigation Demand
Filing the Complaint
Discovery
Summary Judgment
Mediation
Trial
Every employment case is different. Some resolve through a demand letter and negotiation. Some require years of litigation. Many cases settle before trial, and settlement - if it’s fair - is often the right outcome. But we prepare every case as if it is going to trial, because that preparation produces good results at every stage of a case. Employers (and their lawyers) know when they are facing someone who is ready. That knowledge shapes how they respond.
Every case begins with a conversation. We want to understand what happened, who was involved, what was said and done, and what evidence exists. We evaluate every case carefully before agreeing to take it, not because we are looking for reasons to say no, but because we only take cases that we believe in. We only handle a limited number of matters at any time, so every client we represent gets proper attention. Unfortunately, this means we will often decline good cases because of our commitments to our current clients.
Before filing a lawsuit, we assess whether a demand letter is the right first move. In many cases it is. A well-crafted demand letter does more than state a legal position, it signals to the other side that you are serious, that your attorney knows the facts and the law, and that the alternative to a negotiated resolution is costly litigation. We negotiate hard and give the other side a real opporunity to come to the table. When the other side is not serious, we move on.
If negotiation is not available or does not fit with our strategy for your case, we’ll file a lawsuit. The complaint is a formal legal document that sets out your claims and puts the other side on notice of your claims. We draft complaints carefully, because the allegations made at the outset of a case shape how it develops. Once the complaint is filed, the other side is being sued and litigation begins in earnest.
Discovery is where cases are won and lost. It is the stage at which each side is required to produce documents, answer written questions, and submit to depositions, which are sworn, on-the-record testimony. We approach discovery strategically, identifying what evidence could be decisive at trial and focusing on obtaining it whether the other side wants to give it up or not. We prepare clients for their depositions and provide information about locating documents. We’ll pursue the other side's documents aggressively. Discovery typically spans several months, and we use that time well.
Once discovery is complete, employers almost always ask the court to dismiss the case before it reaches a jury. This motion, called a motion for summary judgment, is expected and is a critical stage in the litigation. We take it very seriously. We respond with rigorous written briefing and oral argument. A strong summary judgment response does more than defeat a motion; it tells the court and the other side exactly what the case is about and why it deserves to be heard by a jury. Summary judgment is the final major obstacle being us and our goal: Getting your case in front of a jury or obtaining a settlement that’s favorable to you.
Mediation is a structured negotiation conducted with the assistance of a professional mediator who is typically a retired judge or experienced attorney. Many cases resolve at mediation, and a good mediation is not a passive exercise. We will: Prepare written submissions that frame the case on our client's terms; develop a negotiating strategy in advance; advocate actively throughout the session; and don’t hide from any adverse facts because honesty is credibility. When a fair resolution is available, we help our clients recognize and accept it. When it is not, we are always prepared to proceed.
Trial is where preparation pays off, and trial is what the other side has been hoping to avoid from day one. We present your case to a jury with clarity and conviction: What happened, how the law was broken, and what justice requires. We have tried cases across state and federal courts and have taken cases on appeal before the Oregon Court of Appeals and the Ninth Circuit. Trying cases is not something we approach reluctantly. It is the foundation of everything we do.