Civil Litigation

Whether it’s a neighbor dispute or a small business dispute,  at Warm Springs Law Group, we are aware that human conflict occurs. Our approach is to first see if the conflict can be solved as efficiently and favorably as possible.  We advise to litigate only when it’s expressly in your best interest.

OUR SERVICES INCLUDE:

BUSINESS LAW:

  • Breach of Contracts
  • Wrongful Interference in Business Expectations
  • Contract Enforcement
  • Debt Collection
  • Asset Recovery

LANDLORD TENANT both Commercial & Residential

REAL PROPERTY:

  • Title to Real Property
  • Trespass
  • HOA disputes
  • Mechanic’s Liens & Contractor Disputes

TORTS:

  • Personal Injury
  • Defamation
  • Invasion of Privacy
  • Wrongful Death
  • Civil Rights
  • Education Law
  • Special Education
  • Conversion (civil theft)
  • Identity Theft, Fraud

 

Civil Law FAQs:

What is Arbitration?  Arbitration is a form of Dispute Resolution. In Arbitration the parties submit their dispute the jurisdiction of an Arbitrator who reviews the dispute and renders a decision much like a Judge does. Arbitration can range from formal, following the rules of evidence and civil procedure or informal in which the parties meet with the arbitrator who makes renders a decision on the parties. Many consumer and business to business contracts require arbitration to resolve disputes. These clauses will usually specify who the arbitrator will be, where it will take place, and what rules the arbitration will follow.  An example of this clause is requiring the disputes to be presented  before the American Arbitration Association in Las Vegas, Nevada according to their rules.  The Eighth Judicial District Court also has a mandatory arbitration program for cases for money damages in the amount of $50,000.00 or less.  One large advantage to arbitration is the privacy advantage over a court case.

What is Mediation? Mediation is the process in which the parties to a dispute select a neutral third party to work with them to resolve their differences. Both parties must agree to the solution in order for mediation to be successful.  An arbitrator makes a decision, a mediator helps the parties to come to their own resolution.  Where the dispute involves neighbors and quality of life, we like to see the case proceed to mediation.  A great resource for is the Neighborhood Justice Association, which provides mediation services for free.  The Saltman Center for Conflict Resolution Center at UNLV is also a good resource.

Do I have to go through Arbitration?  In Clark County, Nevada if a case involves less than Fifty Thousand Dollars the parties are generally required to go to arbitration with a court appointed Arbitrator.

What is Discovery? Discovery is the process of asking each party questions and having information turned over. The new Rules of Civil Practice have streamlined this process, and it is now obligatory for each party to hand over extensive documentation. The attorneys are required to have a meeting to comply with this rule and to discuss possible settlements at the Early Case Conference. Formal discovery has many forms, Interrogatories or written questions, Requests for Admission, Requests for the Production of Documents and inspections.

How long does a civil case take?  Of course it depends. It depends on how much the parties can agree on and how much they don’t Nevada court rules require a case to go to trial within five years of being filed.  In a normal case requiring discovery and trial, we anticipate two years.  If your case can be proven without discovery, we will recommend a Motion for Summary Judgment.

What is a contingency fee? In some cases we will take our fee on a contingency basis. That is we will be paid only after we are done with the case. Generally we limit contingency cases to those involving personal injury or collections. Our contingency rates range from 25% to 40% depending on when the case is resolved, before filing a complaint, after filing a complaint but before a trial is set, after a trial is set but before trial and after trial. Even in contingency cases we will expect the client to pay the “hard” costs of the case.

Do you handle appeals? Yes, we will represent clients in appeals where it is appropriate.  But an appeal is considered a separate case.

What courts do you appear in? We have appeared in the local Justice and Municipal Courts, Eighth Judicial District Court in both Civil and Family divisions and Federal Court.  We have also litigated in Nye County and Searchlight, Nevada.

Do you handle criminal cases? As a rule we do not handle felony-level criminal cases. We refer those cases to attorneys whose practices consist primarily of criminal law.

Do you handle small claims cases? Generally, no. Small Claims Court is designed and intended for the parties to appear in and represent themselves.

Do you handle bankruptcies? We examine each case on its merits be it debt collection, family law, business dispute, etc., and if we feel bankruptcy is appropriate we will discuss it with the client and refer to an attorney who regularly practices in bankruptcy.