General Litigation

Mr. McIntyre has over 22 years of experience litigating, resolving, and trying a wide variety of cases – from business disputes, contract disputes, real estate disputes, will contests, personal injury claims, contractor disputes, and creditor disputes.

Preliminary Considerations
The most important step in any dispute is to identify and clearly define the client’s goals as early in the process as possible, and to frankly assess the merits of the dispute, whether as a plaintiff or a defendant. Other significant factors to consider are the monetary and emotional costs of litigation, and the expected outcome. The decision to pursue a claim in court or to settle out of court is an important one. Mr. McIntyre seeks to help you weigh the important factors to be considered when deciding whether or not to commence litigation, and to pursue the course that best fulfills the client’s goals.

Alternatives Dispute Resolution
The substantial high monetary costs of litigation, the backlog of the court system and the emotional drain of court proceedings have led people to seek alternative methods to resolve their disputes. Mediation and arbitration are two alternatives to a civil law suit. During a mediation, a neutral third party presides over a hearing and attempts to facilitate a settlement of their dispute. If no settlement can be reached, the parties proceed to trial or perhaps arbitration. Mediation offers a relatively low cost method of attempting to resolve two parties’ differences.

Arbitration is an alternative to court proceedings in which opposing parties must agree to submit their claims to arbitrator, unless there is a prior agreement to arbitrate disputes. Arbitration results in a decision in favor of one party over the other, similar to a civil trial. The arbitrator render a decision, which may be either binding or non-binding. Also, depending upon the agreement between the parties, the decision of the arbitrators may normally be appealed to a civil court. While arbitration is often faster and less formal than a civil trial, some of the protections provided by a trial court are lost. Mr. McIntyre’s experience will help you determine whether alternative resolution options are appropriate for your circumstances.

Some disputes cannot be resolved without resorting to litigation. If you have a claim against an individual or company, whether for a past due debt, breach of contract, wrongful act or violation of your legal rights, we can assist you with your claim. You must be sure that your claim is filed in a timely fashion, or it could be barred by a statute of limitations which limits the time in which some actions may be brought. As a plaintiff, you have the burden of bringing your case to trial and proving that you are entitled to prevail. We will represent you throughout your dispute from settlement negotiations to the trial room, we will remain dedicated to your interests.

If a claim has been presented against you, or if you anticipate a claim may be filed against you, you must respond to demands and legal documentation. As with any dispute, the earlier you obtain legal representation the better. Ignoring a potential claim is seldom a wise course to choose. Mr. McIntyre will seek to find a solution to the dispute or defeat the claim early before the claim is filed in Court or as early as possible in the litigation process. Mr. McIntyre will seek to obtain the best result possible in the most efficient manner available.

If you are in need of our services, please call 508-238-0050 or contact us online as early in the process as possible.