Video – Attorney Andre Clark Answers If Pre-Litigation Negotiations Are More Or Less Successful In Real Estate Law

Ray Hrdlicka – Host – Attorneys.Media

“Can an attorney help with pre litigation negotiations? And does that tactic really work when you have a situation where there are emotions involved, and obviously, people think they’re in the right? So, does pre litigation negotiations work the same as in real estate law, as any other type of law? Or does it work more or less?”

Andre Clark – Real Estate Attorney – Los Angeles/San Bernardino County, CA

“Even though I’m a litigator, it’s not always good to go through the litigation process all the way to trial. So, prior to litigation. And during litigation, you’re always trying to find a resolution that both parties can deal with. And sometimes pre litigation works, just like negotiations during litigation work. And it really depends on the willingness of both sides to enter into an agreement. And it really depends on, sometimes, if there’s another lawyer involved, or the party is representing themself.

And yes, emotions sometimes get involved, and it really has nothing to do with reason. It has to do with emotion. So pre litigation sometimes works, and sometimes it doesn’t. Again, every case is different. And in our situations where it does work, and if it does, that’s a good outcome, because the parties didn’t have to go to court. And when we file a lawsuit, always tell my clients it’s already went too far. Usually, we… there’s been some discussions with the other side. That’s where the dispute lies. The other side doesn’t want to budge, either from a demand letter or a phone call, and we have to file a lawsuit.

And so, I usually get the case at that point. I don’t really have a lot of pre litigation. Sometimes we’ll send one demand letter. If they don’t respond, we go right into litigation. So, I guess, to answer your question, it really depends on the surrounding facts and circumstances on whether pre litigation will work. And it really doesn’t matter if it’s a real estate case or real estate litigation, civil litigation, a lot of the procedures, whether you’re suing for breach of contract, fraud, whether it’s related to real estate or a business, those procedures generally are the same. The time to respond to a complaint, the timing, when it comes to discovery and of trial procedures, it’s just the law. The area of civil law that’s different.”