Litigation Services

• Pre-litigation Strategic Planning 

• Representation in all Indiana state and federal courts

• State-of-the-art technology in litigation

Capabilities

Jury trial and bench trial litigation is nothing to shy away from.  From the moment a case is accepted by Westerfield & Associates, we prepare each case to win.  With such preparation, we are more able to actually avoid more trials than not because of the desire of the other party to settle.   And if the case is not settled to our client's satisfaction, we are prepared to win.

Pre-litigation Strategic Planning:

 

Strategy is important and it is best to consult an attorney before you even discuss litigation with the opposing side.  For example, in Indiana tape recordings of a telephone conversation may be used to rebut a person denying such conversation IF the witness was a party to the conversation.  We have suggested this tactic in numerous cases to avoid problems of proof.  Another example is pre-divorce planning.  If one spouse has no idea what assets are owned by the other, a pre-filing asset search is important.  In any litigation, knowing if the other party has assets upon which a judgment could be executed is important.  It would be unwise to sue an individual who has no assets or whose assets are protected from legal execution or attachment.  In business or divorce litigation, if there is an asset but the value is unknown, and the asset could be easily disposed of for cash by the other side, securing that asset in a place of safe-keeping or obtaining an emergency order to obtain an inspect by an expert prior to the other side knowing of plans to commence litigation will be important.  Our advice to clients is while a restraining order should prevent the transfer of assets, if the asset is unknown, it could be transferred without the other party's knowledge.

 

Representation in all Indiana state and federal courts:

 

Attorneys of Westerfield & Associates are admitted to practice law in all courts in the State of Indiana and to the Federal Courts located in Chicago, South Bend, Indianapolis, and Evansville.

 

State-of-the-art Technology in Litigation:

 

In today's world, knowledge of technology can be important.  This applies to litigation as well.  The ability to assimilate all the evidence of a case can be daunting, but Westerfield & Associates uses state-of-the-art scanning, indexing, and computer presentation in cases requiring such.  Our computer-based drafting and research capabilities bring significant cost-savings to our clients.