Often someone owes compensation to another person, either because the compensation was agreed to under a contract, or because someone has harmed or injured another, physically or financially. Litigation is sometimes the last resort to try and obtain justice when all attempts to negotiate a settlement have failed. Although a corporation or similar business entity must be represented by an attorney to sue or defend itself in litigation, an individual can represent himself or herself. However, if you have been sued or need to sue another person or entity to recover the compensation you deserve, it is usually more advisable to hire legal counsel to represent you. Smith & Shapiro is able to assist you with litigation involving most legal issues, with a special emphasis in business litigation, real estate litigation, commercial and collection litigation, and probate litigation.
Conducting business frequently involves any number of transactions: buying and selling goods, furnishing valuable services, hiring and firing employees, obtaining and maintaining licenses, buying and selling assets, and obtaining financing, to name a few. Sometimes those transactions go awry. Often litigation arises if the issues cannot be resolved. Also, when there is disagreement between owners of a business that cannot be resolved, a buy-out of one owner by the other or a dissolution of the business entity might become necessary. Smith & Shapiro have extensive experience in litigating the typical issues that businesses face.
Real Estate Litigation
Sometimes a real estate transaction dies before it is completed because of the failure of one of the parties to fulfill its obligations. Sometimes a real estate deal closes, but it does not turn out to be what one of the parties believed it would be when going into the transaction. At other times, disputes arise concerning ownership or use of the property. Smith & Shapiro has more than 35 years of combined legal experience with virtually every major issue that arises in relation to real estate, from real estate and realtor contract disputes, to landlord/tenant disputes, to quiet title actions, to title insurance litigation, to escrow liability lawsuits, to mechanics’ lien litigation, to foreclosure of deeds of trust and liens, to injunctions to stop foreclosures.
Commercial and Collection Litigation
In the course of buying, selling, lending, and borrowing, issues arise which impact a person’s ability or willingness to repay what is owed. Sometimes, it is merely a matter of choice as to what bill to pay because a debtor is facing liquidation or bankruptcy. A lawyer is helpful to a creditor in applying the needed pressure to get a loan or bill paid. On the flip side, a lawyer is also helpful to a debtor to negotiate a reasonable settlement and possible reduction in the obligation. Smith & Shapiro has extensive experience representing local and national banks in loan collection actions and work-outs. Smith & Shapiro represents both creditor and debtor sides of loan disputes and the collection of unpaid bills and accounts. Its attorneys also have considerable experience representing creditors and trustees and protecting their interests in bankruptcy, once a debtor has taken the step of filing a bankruptcy petition.
When someone dies and a probate matter is filed with the court to administer and distribute the assets of the decedent, conflicts may arise among heirs of the estate. These issues could arise because one heir receives an inheritance that he or she believes constitutes unfair treatment compared to other heirs. They could also arise if an heir has reason to contest the validity of the will, itself, because the decedent did not have the mental capacity to execute the will or was under duress by another party when doing so. Smith & Shapiro has the ability to assist you in regular probate matters, as well as to litigate on your behalf inside the probate system to ensure that you receive what your loved one intended that you receive.
James E. Shapiro, Esq. has extensive experience at all levels of litigation, from pre-litigation demand and negotiation, to formal litigation, to arbitration and mediation, to trial, to appeal. Contact Smith & Shapiro at (702) 318-5033 or submit our online contact form. Smith & Shapiro is open Monday – Friday, 8:0 a.m. – 5:00 p.m. at both our Las Vegas and Henderson locations.