Litigation - Trials and Appeals
, we see the litigation process as an unfortunate but necessary part of life. We use litigation to resolve disputes which people cannot resolve by negotiation. We think that litigation is an expensive but time-proven way of getting to the truth of a matter. In our experience, litigation offers both sides the opportunity to learn the truth of the other side’s point of view. In almost every case, this leads to settlement before trial. Most of our clients find that the acceptance of a sure settlement before trial is superior to the uncertainty and delay of results after trial by jury or before a judge.
Even so, the only path to a good settlement is the willingness to proceed to trial and the intention and ability to win.
we know that preparation for success at trial is key to any reasonable resolution of your case.
So we are prepared to take cases to trial and to appeal when necessary. We measure our success by our results in cases large and small over the years.
- Bankruptcy and bankruptcy related - Lakelaw is highly adept at all litigation in the bankruptcy court including complaints to bar discharge, complaints to bar dischargeability of debt, fraudulent transfer complaints, preference complaints, involuntary bankruptcy petitions as well as contested matters involving claims and claims objections. Lakelaw’s attorneys have handled both complex and simple litigation in bankruptcy at trial and on appeal – successfully – for close to 40 years.
- Collections - While Lakelaw does not represent banks, it does represent people and businesses. If someone owes you money, Lakelaw will collect it for you on either an hourly basis or a contingent fee basis – it’s your choice.
- Contract and commercial litigation - Recently, Lakelaw has been engaged in a wide variety of litigation on behalf of its clients including:
- Class action litigation defense against a vendor under the Illinois Consumer Fraud and Deceptive Business Practices Act
- Class action litigation defense on behalf of a hotel under FACTA, the Fair and Accurate Credit Transactions Act.
- A wide array of mortgage foreclosure defense litigation for both individuals and businesses – most notably a Best Western hotel in the vicinity of O’Hare Airport. Frequently such litigation is resolved by deeds in lieu of foreclosure without personal liability to our clients
- Bank litigation on behalf our clients – we raise defenses so as to minimize personal liability.
- Litigation to enforce an oral contract for a referral fee in connection with insurance sales.
- Business litigation - Lakelaw currently represents David P. Leibowitz, as chapter 7 trustee, in a wide variety of business litigation. In particular, Lakelaw is pursuing close to $15 million in claims under complex “Investor Notes”.
- Lakelaw also represents clients in connection with construction disputes, breach of fiduciary responsibility complaints, breach of contract litigation and a legal malpractice case arising from a consumer bankruptcy case.