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SUMMER 2005 • Vol. XLII
- We are Litigation Lawyers
- Get to Know the Litigation Department
- Summer 2005 Calendar Calls

We are Litigation Lawyers
by Jeffrey D. Forchelli, Esq.

Litigation has been defined as the process of taking a case to a court of law so that an official decision can be made. In a perfect world, differences would be resolved without a lawsuit, without the intervention of a judge or jury. Unfortunately, we do not live in a perfect world. Disputes are as various as the citizens caught up in them.

Business people have disputes that they cannot resolve amicably. Neighbors have disputes concerning each other's property rights. Patients conclude that their doctors have committed malpractice. Homeowners believe that municipalities have over-assessed their properties, causing them to pay excess taxes. Employees allege employer discrimination based on age, sex or race. Corporate shareholders claim that the Board of Directors has failed to keep their interests at heart. The bank puts a homeowner's mortgage into foreclosure for failure to make payments. A municipality claims that its zoning ordinance prevents a doctor from continuing his medical practice from his office located in a residential district. When it becomes impossible for parties to resolve their differences, they turn to litigation.

A litigator is a lawyer who specializes in the process of taking a case to a court of law so that an official decision can be made. A litigator must be familiar with complicated rules of evidence, the rules of every court in which he/she appears, and must be able to write motions and legal briefs. A skilled litigator is trained in the art of jury selection, direct and cross-examination, and must be able to deal effectively with judges, other attorneys, and clients. A litigator ought to be familiar with every aspect of the facts and law of a case, and attempt to settle each case to the best advantage of the client, yet be equally prepared to try the case to conclusion.

At Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP (FCSMCC), our Litigation Department consisting of five attorneys and three support personnel, is experienced in the representation of clients caught in those disputes outlined above, and many more. We litigate cases involving every area of our firm's practice, including Land Use and Zoning, Environmental Law, Real Estate Law, Bankruptcy Law, Foreclosure and Creditors Rights, Banking, Corporate and Commercial matters, Municipal, Trust and Estates and Elder Law and Tax Certiorari cases.

A firm attorney is assigned to each case and handles that case from its inception through conclusion, while at the same time being able to call on all of the resources of FCSMCC -- including attorneys specializing in the substantive law of the subject matter being litigated. We use state-of-theart computer-assisted research allowing cases throughout the country and abroad to be brought to the litigators desktop computer in a matter of moments. The goal of the FCSMCC Litigation Department is to resolve disputes as expeditiously as possible and consistent with the client's directives.

Our Litigation Department does not work on volume, but specializes in giving each case and client individual attention. We will spend all the time needed to thoroughly inform the client of the progress of their case and explain in a simple and understandable way the intricacies involved in each matter. If it becomes necessary for the client to testify in Court, the client is fully prepared by our litigation attorneys to thoroughly understand how they are to proceed. They are informed on how to present themselves, answer questions, project themselves to the judge and jury, and on what to expect from cross-examination by the opposing counsel.

Our attorneys are members of the Nassau County, New York State, American, and New York Trial Lawyer's Associations. We are members of various committees of the Nassau County Bar Association, including the Commercial Law and Supreme Court Committees. It is imperative that we stay current on new developments and our attorneys attend continuing legal education seminars on a regular basis.

333 Earle Ovington Blvd.
Suite 1010
Uniondale, NY 11553
t: 516.248.1700
f: 516.248.1729
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Phone: 516-248-1700 • Fax: 516-248-1729

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