Disputes & Litigation
Non-Litigation Services
Many disputes between parties can be resolved without going to court. Doing so carries many advantages, including lower attorney fees and cost to raise the complaint. The fees listed below are exclusive of costs unless otherwise stated. Cases are individually priced based on the particular circumstances of the matter and applicable law. Ehlert & Associates reserves the right to determine types, amounts, and schedule of fees at our discretion for any given case. We do not guarantee results. See our Policies page for more details.
Attorney Letters: Demand & Cease/Desist
Letters from an attorney can demonstrate the seriousness with which the client takes the matter. Letters usually take the form of “demand” letters (requesting the recipient to take action) or “cease and desist” letters (requesting the recipient to stop action).
Attorney letter, no follow-up: Representation limited to sending a letter citing applicable law to opposing parties. Response is forwarded to the client. Fees start at $1,200.
Attorney letter, limited follow-up: Representation includes the above, reasonable consultation with client, limited calls and emails, and negotiations to resolve the dispute. See our Policies page for what constitutes “reasonable”. Fees start at $1,200, billed hourly after 2 hours. Drafting releases and settlement agreements extra.
Attorney letter, continuous follow-up: Representation includes the above, reasonable consultation with client, additional calls and emails, and negotiations to resolve the dispute, and drafting releases and settlement agreements as needed. Fees start at $2,600 retainer, billed hourly
Attorney letter, evergreen retainer: Includes the above for indefinite representation. Fees are assessed hourly, three hour minimum, with a $4,000 minimum retainer replenished periodically. Usually offered as a precursor to mediation or litigation.
Letters or emails threatening litigation require significant retainers and clients must demonstrate assets required to file a lawsuit, described below and on our Policies page.
Alternative Dispute Resolution
Alternative Dispute Resolution (“ADR”) refers to any means of settling disputes outside of the courtroom. ADR typically includes early neutral evaluation, negotiation, conciliation, mediation, and arbitration. As burgeoning court queues, rising costs of litigation, and time delays continue to plague litigants, more states have begun experimenting with ADR programs. Some of these programs are voluntary; others are mandatory.
Arbitration
Arbitration is more formal than Mediation and resembles a simplified trial involving limited discovery and simplified rules of evidence. Parties usually enter into a binding arbitration agreement or any other form of agreement with an arbitration clause before the dispute, allowing them to lay out major terms for the arbitration process ahead of time (number of arbitrators, arbitration forum; arbitration rules; fees etc.). If parties still have disputes about certain terms before entering into an arbitration they can petition to a court to resolve a dispute. Arbitration can be held ad hoc or with the administrative support from one of the institutional providers like American Arbitration Association (AAA) or JAMS.
Mediation
Mediation is also an informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject. A more formal method of dispute resolution, parties agree to binding or non-binding mediation. The mediator is usually a retired judge or active attorney familiar with the laws that apply to your issue. Each side has an opportunity to state the facts surrounding the dispute and the mediator reaches a conclusion. Courts occasionally order mediation, and contracts often require mediation or arbitration.
Litigation
Litigation Review with Retainer
Litigation requires serious commitment by both client and attorney in terms of time and expense. Attorneys are ethically restrained to file only meritorious cases and may face sanctions for filing frivolous suits. Because of these and other considerations, we only accept litigation matters under certain conditions – potential clients must deposit a substantial retainer before we will threaten a lawsuit in a demand letter; potential clients must show significant liquid resources to carry a suit through trial; and we will never file a frivolous, illegal, or unjust suit.
We bill in-court time at a higher rate than out-of-court time.
Plaintiff's Retainer for Filing a Suit
Initial retainer to file suit starts at $8,000, except for Temporary Restraining Orders (“TROs”) and evictions. This amount will vary depending on the strength of the facts supporting recovery, complexity of the law applied, and time required to prosecute. Clients typically make additional deposits into their trust account as the suit progresses. TROs and evictions have a separate fee structure.
Defendant's Retainer for Answering a Suit
Initial retainer to answer a suit starts at $8,000, unless clients file counter-claims which start at $10,000. As with plaintiffs, the amount depends on the strength of the facts supporting recovery, complexity of the law applied, and time required to prosecute. Clients typically make additional deposits into their trust account as the suit progresses.