Commercial & Civil Litigation

Lovelace Killen represents individuals, business organizations and institutions as plaintiffs and defendants in business, real estate, construction and other civil litigation matters.

Typical matters have included:

  • commercial litigation
  • debt collections (construction claims including foreclosure of mechanic liens)
  • real estate matters(actions for specific performance, breach of contract, fraud, rescission, negligence, breach of fiduciary duty, accountings and quiet title actions)
  • actions relating to the recovery of personal and real property

These litigation matters frequently require the firm to seek or oppose pre-judgment relief, such as temporary restraining orders, preliminary injunctions, writs of attachment and the appointment of receivers.

The firm’s litigation philosophy includes realistic counseling of clients prior to the institution of and throughout the litigation process. The litigation process commences with an investigation and evaluation of a client’s claims or defenses, and an analysis of the client’s rights, duties and obligations in order to effectively evaluate the case consistent with the client’s expectations and goals. The process proceeds with filing and/or responding to the complaint, and then conducting the discovery required to properly prepare or defend the case.

Effective counseling affords clients the opportunity to make more informed decisions on whether to litigate or settle disputes; and, if litigated, how to properly prepare the case for trial, and whether to settle during the course of the proceedings in a manner most favorable to the client. Where appropriate, the firm pursues available alternate dispute resolution sources, e.g. private arbitration and/or mediation. Frequently, even the most aggressively litigated cases can be better and more economically resolved utilizing these sources.

While the firm believes in resolving disputes through productive negotiations rather than litigation whenever possible, its litigators aggressively pursue its client’s case through trial in efforts to obtain the best possible result for the client.