Insurance Coverage Claims.

1. Just weeks before its sale closed, my clients' beautiful Minneapolis home was struck by lightning. The lightning sparked a fire, and the fire gutted the interior of the home. They turned to their homeowner's insurance company to set things right. Rather than receiving the help they expected, my clients ran into resistance to several of their coverage claims. So they hired me to negotiate with the insurer. Over the course of several weeks, I persuaded the insurance company to honor its coverage obligations, paying my clients more than $1 million for the losses they incurred from the disrupted sale of the home and the true cost of returning the beautiful home to its condition before the lightning strike.
2. After hail damaged the roof of his home, my client's insurer offered him a laughably small amount to repair the damage. When it refused to negotiate a more reasonable payment, we went to trial and the court ordered the insurance company to pay the full amount of my client's claim.

Fraud and Breach of Contract.

Just weeks after buying a small business in a Minneapolis suburb, my clients learned that the seller had not accurately disclosed sales figures from recent years. Under the threat of a lawsuit for fraud and breach of contract, the seller agreed to a settlement that paid back a significant portion of the purchase price paid by my clients.

Dispute over a Sale.

My clients had a lake home built, and lived there happily for nearly six years. More than two years after they sold the home, the new owners sued them over alleged water intrusion problems. The evidence showed that those problems didn't appear until 18 months after my clients had moved out of the house. Because my clients did not cause the problems with the home, and did not even know they existed, I was able to persuade the court to dismiss the case against them.

Q. What will it cost for me to hire an attorney?

A. This is an important question for clients. Unfortunately, it can often also be a difficult one to answer. Most lawyers bill by the hour, and so the cost of the case will depend on how many hours the lawyer has to put into it. That can't always be accurately predicted because we don't know what kinds of arguments the other side will raise, what requirements the court might impose, or how difficult it may be to find important evidence.

I recognize that clients don't exactly enjoy this uncertainty, and I try to keep the monthly bill from coming as an unpleasant surprise. Whenever I can, I offer clients a fixed fee billing arrangement so they know in advance what the case will cost. When a fixed fee isn't feasible - or when my clients choose to be billed by the hour - I keep my clients apprised of what is happening in their case so they have some idea of what to expect with each bill.

In addition to legal fees, there are out-of-pocket costs involved in many cases. These include such things as the cost of filing papers with the Secretary of State's office when you form a new company, copying costs, and court filing fees.

Q. Can I make the other side pay my attorney fees?

A. Maybe, but probably not. In Minnesota - as in most of the United States - the general rule is that parties to a lawsuit pay their own attorney fees. There are a few exceptions to this rule, though. I can determine whether your case might fall within one of those exceptions when we meet.

Q. Does my case have to go to trial?

A. Probably not. Most cases settle before going to trial. However, I approach every case with the idea that my client and I should be prepared to take it to a judge and jury. It is better to be prepared for trial - and for the other side to see that you are ready and willing to try the case - than to assume a settlement will be reached.

Q. What is a settlement?

A. A settlement is a contractual agreement between the two parties involved in a dispute, which resolves the conflict by mutual agreement. Often in civil cases a monetary award is involved. Once a settlement has been reached, a trial is no longer necessary.

Q. What does "alternative dispute resolution" mean?

A. Alternative dispute resolution refers to the methods available for resolving a conflict outside of the traditional court system. Minnesota law requires the parties to most lawsuits to attempt to resolve their disputes through some form of alternative dispute resolution, and the one most commonly used is mediation.

Q. What is mediation?

A. Mediation is a non-binding form of negotiation in which a neutral third party helps the parties try to reach a settlement of their dispute. The parties usually share the cost of the mediator.

Q. What are the benefits of mediation?

A. Mediation is almost always less expensive than a court battle. Due to its focus on negotiation and cooperation, mediation is often useful in cases where the two parties must remain in contact with one another, as it can help end conflicts without damaging the relationship. A good mediator can often help the parties take a more objective view of their case, and might be able to help them find a solution to their dispute that they couldn't see on their own. Additionally, mediation is non-binding, which means that if the parties are unable to reach an agreement, they can still pursue their claims in court.