Our Hackard Law videos are inspired by real events in estate, trust and probate litigation battles - events described in our videos that are modified in order to protect confidentiality. That said, there are certain episodes that recur with enough frequency that generalities will get our point across.
What is the process of our intake? We take a call or respond to an email from a prospective client or referral attorney about estate, trust or probate wrongdoing. We gather the facts. Facts likely include probate, estate and trust documents, copies of texts and emails, and timelines prepared for our initial review. If we take the case, we focus on the wrongdoer and the wrongdoing. We get to work. This is not a philosophical exercise. It is an exercise that has real life consequences for the wrongdoer.
If we know the wrongdoer does not have counsel, we contact him, describe our role, and often suggest a remedy to the wrongdoing. We also suggest that he seek counsel. If he's already represented, we essentially cover the same ground with his attorney. Our calls are not full of bluster or threats -they are straightforward. The simple truth is that trust and estate wrongdoing has repercussions. Courts favor early mediation. We are not seeking vengeance, and all parties may benefit by early resolution. We put our offer to mediate on a tight real-time schedule. We don't accept excuses for delay. Either the wrongdoer gets it or he doesn't. It is that simple.
The bottom line is that Hackard Law is an estate, trust and probate litigation law firm dedicated to safeguarding client interests. We have seen enough circumstances where the opposing counsel's decision to delay is a choice with expensive repercussions. We generally file a civil lawsuit where appropriate - litigation that assures the right to a jury trial, the assessment of attorney's fees and the possibility of punitive damages. Other remedial litigation may also be filed in the probate court.
The bottom line: A wrongdoer will pay for his delay. It is his choice. Our job is to prevent harm to our clients and to protect them from further harm. If our adversary remembers one thing, we take our ethical duties seriously and act accordingly.
If you have a case where the estate, trust or probate wrongdoer is using delay to hide or profit from his wrongdoing, call us at Hackard Law. 916-313-3030. We will get to work to obtain recovery and hold bad actors accountable.