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Litigation

When disputes arise between two or more parties, legal actions are often the result.  Whether you initiate a claim or need to defend yourself, it is critical to have legal representation that looks out for your rights and works hard to obtain the best results for you as the client.

The Litigation Group of Luce Lineberry & Kenney, P.S. offers experienced litigators who obtain real, measurable results for our clients when other methods – and, in some cases, other firms – have not produced an acceptable outcome.  We accommodate both those clients with claims against other parties, and those clients seeking a seasoned advocate to formulate a strong, successful defense.

Luce Lineberry & Kenney, P.S. litigators have tried cases in State and federal courts throughout the country.  Our attorneys know how to manage a case to win it – and how to do so in a manner that is consistent with our client’s business goals.

Our litigators understand, however, that a trial is not always in the best interest of the client.  Recognizing the increasing pressure clients face to resolve cases without the risk and expense of a trial, we also have a long track record of securing the dismissal or settlement of litigation matters in the early stages of litigation, without unnecessary expense of time and resources.

Types of Litigation cases handled by the Litigation Group of Luce Lineberry & Kenney PS:

  • Appellate
  • Arbitration
  • Business Litigation
  • Civil Rights
  • Employment Litigation
  • General Civil Litigation
  • Government Liability
  • Medical Negligence
  • Wrongful Death

Highlights of our Litigation practice

Appellate | Overview

The attorneys of Luce Lineberry & Kenney P.S. have represented clients in both State and federal appellate courts in Washington.  Although we handle appellate matters, our work often begins before the appeal phase.  We regularly consult with clients to help shape trial strategies and preserve important issues for appeal.  Our clients benefit from working with trial lawyers who understand the appellate process.

Arbitration | Overview

Arbitration has become a frequently preferred alternative method for resolving many types of commercial disputes.  As a result, many commercial contracts include a clause requiring arbitration as the exclusive method for resolving disputes.  While no single method of dispute resolution is right for every type of problem, Luce Lineberry & Kenney P.S. litigators have extensive experience representing clients in arbitrations.  Many of our litigators have served as arbitrators appointed by organizations that sponsor alternative dispute resolution.

Business Litigation | Overview

The Luce Lineberry & Kenney P.S. Litigation Group regularly litigates matters that span the spectrum of complex commercial litigation.  We handle all types of contractual disputes, ranging from failed partnerships or business deals to commercial property disputes.  We also have significant experience litigating disputes arising from shareholder, partnership or LLC agreements where control of the business entity is at issue.  We have litigated contract disputes in federal and State courts and in a wide variety of arbitration forums.

Our group regularly prosecutes and defends business torts involving interference with contract, fraud, unfair competition, misappropriation of trade secrets, and related claims.  While the majority of business disputes are resolved via motion or settlement before trial, our breadth of trial experience ensures that client matters that do settle are resolved on the most advantageous terms possible.  The attorneys in our Litigation Group share a common goal to vigorously represent and enforce the rights of our clients in their contracts and business dealings, and to do so as efficiently as possible.

Civil Rights | Overview

Luce Lineberry & Kenney, P.S. litigators are prepared to defend our clients’ civil rights and demand basic standards for those protected rights of individuals.  Our litigators have experience in the areas of discrimination, defamation and harassment, including sexual harassment, racial discrimination or ethnic stereotyping.  Our litigators have handled complex, high profile cases against school districts, government entities, hospitals and employers.  Our goal is the protection of those rights belonging to our clients and we meet our clients’ objectives in a discrete and professional manner, without involvement of media or press.

Employment Litigation | Overview

Luce Lineberry & Kenney, P.S. litigators regularly appear in State and federal courts representing clients who have been marginalized or ill-treated by employers or co-workers.  Our Litigation Group handles claims of discrimination, wrongful discharge, wage-hour violations and other employment-related claims.  Our Litigation Group is positioned to handle a broad range of matters, offering our clients regular and substantial trial experience.  We work with clients to resolve disputes in a manner that is in line with their professional interests – whether it is through an alternative dispute resolution or through trial.  In addition, our motions practice is often successful in reaching a quick settlement on behalf of our clients.

General Civil Litigation | Overview

Luce Lineberry & Kenney, P.S. litigators devote their practice to taking cases to trial, offering a strategy of success from the first day of consultation.  Each case is thoroughly prepared through the use of innovative trial strategies and application of successful litigation techniques.  Through our highly successful litigation experience, our litigators are comfortable in the courtroom and offer a level of skill that puts clients at ease.

Government Liability | Overview

Luce Lineberry & Kenney, P.S. litigators assist clients when State, county and local governmental organizations fail to deliver the services to our citizens in a proper manner and in accordance with applicable standards of care and service.  Our Litigation Group is prepared to hold governmental organizations and individual governmental employees accountable for failures to meet those standards of care.  Our litigators strive to achieve measurable compensation for our clients and to ensure that other citizens do not suffer the same injuries in the future.

Medical Negligence | Overview

Luce Lineberry & Kenney, P.S. litigators are seasoned at handling claims against medical professionals, where clients have been injured due to negligence.  The consequences of medical negligence are often devastating, resulting in permanent physical and mental damages, or wrongful death.  Our litigators are skilled at navigating through the strict requirements of these claims, while also respecting the sensitive nature of these cases.  The litigators at Luce Lineberry & Kenney, P.S. have experience dealing with all forms of complicated medical negligence cases, helping you through the process and providing critical support.

Wrongful Death | Overview

Luce Lineberry & Kenney, P.S. litigators understand that the untimely death of a loved one can destroy a family, with the resulting emotional trauma and demands flowing from the loss.  Our litigators are experienced in dealing with wrongful death lawsuits, offering strong and sincere support with targeted and aggressive litigation skills to achieve compensation and justice.  Wrongful death occurs when a death has been caused by the negligent actions of another.  Wrongful death claims arise under a variety of circumstances.  Our Litigation Group is prepared to provide comprehensive support and direction during a difficult time.

DUI Defense

Good people make mistakes and the staff of Luce Lineberry & Kenney PS take pride in helping people minimize the impact a DUI charge can have on their life.  When you hire an attorney with Luce Lineberry & Kenney PS to represent your interests in a DUI case, we will advocate for you and protect your rights every step of the way beginning at the arraignment hearing and all the way to jury trial if necessary.

Our office has handled countless cases of this nature and has a very high success rate of getting charges dismissed or reduced to a lesser charge.  While we strive to achieve the best result possible in pre-trial negotiations, rest assured that we are prepared to vigorously litigate when necessary.

After you are charged with DUI, get help immediately

If you are charged with DUI in Washington state, you are facing some of the toughest penalties and consequences in the country.  In nearly every DUI charge, e.g., those with a blood alcohol concentration (BAC) level at or over .08, there are two issues that need to be dealt with swiftly and aggressively: (1) the Department of Licensing hearing and (2) the criminal case.  Even if you have not yet been charged, the wheels are in motion from the Department of Licensing to take administrative action to suspend your driver’s license.

Typically, a person arrested for DUI must respond to the Department of Licensing within 20 days to request a hearing, otherwise the license is automatically suspended for at least 90 days.  When dealing with the criminal case, the possibility exists for jail time, fines, additional license suspension, installation of an ignition interlock device in a vehicle, alcohol classes or a combination of any of these things.  Mandatory minimum penalties including jail time, fines and license suspension exist even upon the FIRST conviction for DUI.    Many people don’t know that you can still be charged with DUI even if your BAC is BELOW a .08.  In certain cases, it can take weeks or months for DUI charges to be filed by the prosecutor.

Even if you have not been formally charged, it is critical to speak with an attorney immediately in order to get your side of the story while it is still fresh in your mind, while witnesses can still be contacted and evidence preserved.  Over time, memories tend to fade and critical evidence to your defense can be lost or forgotten.  Once you are charged, it is even more important to have an experienced and knowledgeable DUI attorney to protect your rights all the way from the first court appearance and request for administrative hearing to the resolution of your case.

Consultation and Defense

Choosing a DUI attorney is a very important decision.  You should be comfortable with the attorney you choose and have an opportunity to have your questions answered prior to making that decision.  Once we both decide that it is the right fit, we can discuss fees and the strategy that will be taken to aggressively defend your case.  To learn more about how to protect your rights and what you are facing, contact Luce Lineberry & Kenney PS to schedule your free initial 60 minute consultation.

Types of Case Defended:

  • Boating Under the Influence (BUI)
  • Contested traffic infractions
  • Department of Licensing hearings
  • Driving Under the Influence (DUI)
  • Hit and Run
  • Negligent Driving
  • Reckless Driving
  • Reckless Endangerment

Guardianships

What is a guardianship?

A guardianship is a court proceeding where an individual or agency is appointed by the court to make medical and financial decisions for an individual who is not capable of making those decisions.

Who needs a guardianship?

Guardianships generally fall into three categories:

  1. Minors who have no living parent able to make medical and financial decisions on behalf of the minor;
  2. Individuals who become disabled due to advanced age or dementia; and
  3. Individuals who were born disabled, who have turned 18, and whose parents can no longer legally make medical decisions for their child because he/she has attained the age of legal adulthood.

What is the procedure for guardianship?

An individual or agency (often a family member or a nursing home) petitions the court to have a guardian appointed for an individual.  The Alleged Incapacitated Person must be personally served with the Petition, the Notice of Petition and a copy of the Order Appointing a Guardian ad Litem.

What is a Guardian ad Litem?

A Guardian ad Litem (friend in litigation) is an independent investigator (frequently an attorney or a social worker) who is charged with investigating the circumstances, obtaining a medical report, interviewing the alleged incapacitated person, his/her family and caretakers, and making a recommendation to the court.  The Guardian ad Litem is charged with determining the following:

  1. Is the person incapacitated?  Unless the individual is a minor, the finding must be documented by a current medical report.
  2. Is there a less restrictive alternative, and if so what?
  3. If the person does need a guardian, who should be appointed as guardian?
  4. What should be the scope of the guardianship?

What is a less restrictive alternative?

Less restrictive alternatives can be a Power of Attorney, if the individual is capable of understanding and signing the document, and if an individual is willing and able to act as power of attorney.  Other less restrictive alternative include establishing a trust where another person manages funds.  Trusts can be managed either with our without court supervision, depending on the nature of the trust.

How long does it take to have a guardian appointed?

The hearing on the guardianship petition should occur within 60 days of the filing of the petition.  If the hearing cannot be timely held, the parties must request additional time from the court.

What is a Guardian of the Person?

Guardians of the person are authorized to make medical decisions and locate appropriate care facilities for the incapacitated person.

What is a Guardian of the Estate?

Guardians of the estate make all financial decisions, collect all monies due the incapacitated person (such as social security and pension payments) and pay all bills.

What are the reporting requirements?

Guardians are supervised by the superior court of the county where the guardianship is established.  They are required to report at a minimum of every three years.

Who can serve as guardian?

Any individual over the age of 18 can serve as guardian, provided that he/she has no criminal history, no history of fraud or exploitation, and has taken the on line training for lay guardians.  Professional guardians undergo a training program approved by the state of Washington, are licensed by the Certified Professional Guardian Board, and must regularly update their credentials and take ongoing continuing education classes.

What are the advantages of a guardianship?

  1. Once a guardianship is in place, the Incapacitated Person can no longer enter into contracts, thus eliminating the risk of financial exploitation.
  2. One individual is appointed as the decision maker, eliminating conflict among family members as to who should be in control.
  3. All financial transactions are reviewed and approved by the court.
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