Skilled Litigation Attorneys in Fairfield County

For Serious Litigation, Experience Matters.

Through careful drafting, practical advice, and businesslike negotiation, we try hard to keep our clients out of disputes. After all, litigation is expensive, distracting, and uncertain.

Especially when the stakes are high, however, some conflicts are unavoidable. Our litigation team has decades of experience in the state, federal, and probate courts throughout Connecticut and has conducted hundreds of trials and hearings. This has exposed us to many of the issues that clients will face for the first time. We use that experience with similar cases to give our clients—and their adversaries—a realistic view of what a court is likely to do. Litigation is never entirely predictable, but experience promotes better outcomes.

Preparation Also Counts.

Success in litigation also depends on attention to detail and on analysis, from start to finish. To help clients most effectively, we bring several skills to bear. We listen carefully to understand the objectives of our client—and of the adversary. We research the law thoroughly to bring the proper legal principles to the court’s attention. We study the details that gave rise to the dispute, whether found in documents, in the field, or in the materials we obtain from our adversaries. And, as with a chess match, we analyze and reanalyze our strategy with every move. We don’t prepare to settle cases; we prepare to try them. From the outset, our mission is to present a case effectively in court.

Nevertheless, because getting ready for trial is costly and outcomes are never guaranteed, we also remain alert to opportunities to settle on favorable terms. We demonstrate our willingness to go the distance, but we open the lines of communication early. Putting emotional factors aside, we carefully assess the strengths and weaknesses of each side. We take advantage of settlement conferences in—and outside of—the courts. By virtue of our experience and preparation, we are well-prepared to handle the most complex and challenging disputes—and, when appropriate, to settle them short of trial. As a result, clients often find that it is more cost-effective to resolve relatively minor matters through other means.

Outside the court system, our lawyers also take advantage of mediation and arbitration to resolve certain disputes. These less formal processes, conducted by a neutral person who is usually not a judge, can be effective in the proper circumstances. Following a thorough discussion of the issues, a mediator often proposes a settlement which the parties can embrace or reject, as they see fit. Arbitration, however, results in a final, binding decision.

Litigation Spans Many Practice Areas.

Disputes arise in every corner of the law, so we purposely focus on those practice areas in which we have the most experience. Our dispute resolution work often involves these issues:

Business litigation

• Disagreements among business owners
• Breach of fiduciary duty by officers, directors, or managers
• Breach of commercial contracts of every variety
• Unfair trade practices
• Franchise and distributorship claims

Employment litigation

• Litigation of non-compete and non-solicitation agreements
• Theft of trade secrets and breach of confidentiality
• Tortious interference with contract rights

Real estate and construction litigation

• Partition actions
• Adverse possession and prescriptive easement claims
• Boundary disputes
• Appeals of land use decisions
• Commercial evictions
• Construction claims
• Mechanic’s liens
• Surety bond claims
• Breach of contracts to sell real estate
• Appeals of property tax assessments
• Foreclosures of mortgages and liens

Probate litigation

• Will and trust contests
• Undue influence claims
• Breach of fiduciary duty by executors and trustees
• Removal of executors or trustees
• Prosecuting and defending claims involving estates

Ultimately, we understand that litigation is a tool for dispute resolution and not an end in itself. We pride ourselves on tackling complex and serious cases, where the client has a great deal at stake.

Representative matters:

• Obtained judgment in the amount of $450,000 in favor of homeowner against buyer in breach of contract dispute
• Obtained emergency prejudgment remedy in excess of $500,000 in lawsuit concerning the theft of life insurance proceeds
• Successfully represented limited partners in partnership dispute in excess of $5,000,000 concerning capital contributions
• Settled numerous complex multi-million dollar claims on behalf of general contractors and subcontractors
• Tried dozens of land use and commercial tax appeals to conclusion
• Obtained judgment against contractor for breach of contract and violation of the Connecticut Unfair Trade Practices Act
• Successfully defended corporation against shareholder derivative suits and obtained sanctions against shareholder
• Successfully discharged contractors’ mechanic’s liens

Discuss Your Litigation Options

If you are facing a serious legal challenge, our team is ready to help.

To discuss your matter, call Attorney Timothy Herring, chair of our litigation group, at (203) 718-3513 or email tmh@danburylaw.com. He or a member of his team will be glad to guide you.