Litigation Lawyers

At Kirton McConkie, involvement with clients facing or initiating litigation begins by developing a strategy in the best interests of our clients. We consider an array of options such as trial, mediation, and arbitration, and work closely with clients to determine the best plan of action.

We provide a high level of quality representation for commercial and civil cases with a commitment toward cost-effective litigation management. Our litigation attorneys are active in federal and state courts as well as administrative agencies. The group comprises dozens of skilled litigators with extensive trial experience ranging from one-day trials to complex, seven-week trials. Members of this practice include former U.S. Court of Appeals, state supreme court, state courts of appeals, and federal and state district court law clerks. Our attorneys also work to resolve issues when clients are served with subpoenas.

The Kirton McConkie litigation team focuses on many areas of litigation, including:

• Real estate and construction
• Employment
• Creditors’ rights
• Contract disputes and interference
• Shareholder derivatives
• Ownership disputes
• Intellectual property and misappropriation of trade secrets
• Insurance defense 

Our appellate lawyers have assisted clients in hundreds of appeals and important motions in forums ranging from the U.S. Supreme Court and federal courts of appeals to numerous state courts. We cover a range of issues from leading-edge First Amendment questions to contract disputes, personal injury, insurance coverage, estate issues, and business torts. In cases where an appeal is anticipated, we are often called to work with outside trial teams to assist them on key motions or to lay the groundwork for future appeals, which our firm would handle. This early integration approach allows our appellate attorneys to move quickly when a critical motion or appeal is required. 

Common Litigation Types

Civil litigation is a legal process that involves a dispute, not criminal in nature, between individuals or entities. A dispute may lead to formal court proceedings to determine the outcome, either by a judge or a jury, or can be resolved through litigation alternatives. Some common forms of litigation include:

Breach of Contract

When one or more parties to a contract fails to fulfill their parts of the contract without a legal excuse.

Business Torts

Civil wrongs in a business setting that may harm the other party’s economic relationship or business interests. 

Partnership/Joint-Venture Disputes

Conflicts between joint-venture participants or partners that involve profits, management, or dissolution.

Intellectual Property Disputes

Action against anyone infringing on another’s intellectual property rights (such as patents, copyrights, trademarks, trade secrets, etc.). 

Employment Litigation

Wrongful termination, discrimination, or wage and hour disputes.

Shareholder Disputes

Conflicts between shareholders and company management regarding corporate governance or financial decisions.

How Litigation Works

Litigation typically involves the following steps:

Pre-litigation

During this stage, parties often try to resolve the dispute through informal or formal negotiations. 

Filing a Lawsuit

Should any pre-litigation efforts fail, one party proceeds with the process to file a lawsuit in court.

Fact Discovery

The formal process of exchanging relevant information and evidence to the case to determine what information the other side or third parties may have about the dispute.

Expert Discovery

The parties use experts to help support their positions and to defend against the other side’s position.

Trial

If the case proceeds to this point and all settlement efforts fail, the next step is a trial. During a trial, a judge or jury will decide the outcome. 

Appeal

Once the court has issued a final judgment, either party can appeal the decision to a higher court.