DuPage County Dispute Resolution Attorney

Lawyer for Litigation, Mediation, and Arbitration of Disputes in DuPage County, IL

Legal disputes involving private individuals or businesses can be difficult to resolve. Whether you expect to go to court over a dispute or would like to use other methods to determine how these issues will be addressed, it is important to know your rights. A civil and commercial litigation attorney can advocate for you in court, representing your best interests while keeping you informed of your options throughout your case. Your lawyer can also advise you on other methods of dispute resolution, including mediation or arbitration.

At John Pcolinski Law, P.C., we provide clients with comprehensive legal services for a variety of civil and commercial legal issues. Attorney John Pcolinski has over 35 years of legal experience, and he focuses on achieving efficient results. When you work with our firm, you will receive representation and counsel to suit your needs in complex litigation. As a certified arbitrator, John can also help determine the best ways to resolve disputes outside of court.

Chancery

Chancery is an area of law that deals with securing equitable relief aside from monetary damages. At John Pcolinski Law, P.C., we handle most types of chancery cases, including injunctions.

In a chancery case, the plaintiff seeks some kind of action from the defendant to resolve an issue. For instance, if you were accused of violating the terms of a contract, a remedy in chancery court might involve specific performance, where you will be compelled to do what the contract asked of you.

Quiet title actions are another common example of a chancery case. If your real estate property is encumbered by liens or unclear boundary lines, you can get equitable relief by clearing up any ambiguities in the title. Attorney John Pcolinski will work with you to reach an effective solution to your problems, working toward a favorable outcome to your case.

Trade Secrets and Non-Compete Agreements

In order to protect their place in a competitive market, businesses will sometimes ask their employees to sign certain agreements. If the terms of the contract are violated, the business can enter into commercial litigation against the employee. However, the employee may have grounds to take legal action if the contract is patently unfair or unenforceable. Some of the most common contract disputes involve non-compete agreements and non-disclosure agreements ("NDAs").

A non-compete agreement can prevent an employee from working for a direct competitor or starting their own competing business, with restrictions on geographic area or the length of the agreement. A non-disclosure agreement can prevent an employee from sharing trade secrets or other sensitive information with the public.

At John Pcolinski Law, P.C., we can represent you whether you are looking to protect your business interests or contest an unfair contract with your employer. We will examine your case from every angle, considering all possible remedies to the problem.

Dissolution of Businesses

If you intend to dissolve a corporation, partnership, or LLC, our commercial litigation attorney can facilitate the process. Dissolution typically involves paying off debts to creditors, filing final tax returns, and canceling permits and licenses. At John Pcolinski Law, P.C., we can help you make sure everything is accounted for, and we can assist with the paperwork to bring your business to a close.

Probate Court

At John Pcolinski Law, P.C., we represent clients in probate and estate litigation. When issues arise over a will or trust, we can advocate for you in probate court. Having legal representation at your side can be immensely helpful when contesting a will on the grounds of testamentary capacity or defending against claims of breaching fiduciary duty as a trustee. In addition, we are qualified to represent clients in guardianship concerns for both adults and minors.

Understanding Probate

Probate is the formal process by which a deceased person's assets are distributed in court to their beneficiaries and creditors. If the deceased person had a will, then their property will be divided according to their written instructions. If there was no will in place, the deceased person's assets can go through intestate succession, which means that they will be automatically portioned out to their next of kin, such as a spouse, children, siblings, or parents.

As a beneficiary, you may struggle with probate court if the deceased person did not leave clear instructions for how their estate should be divided. The slightest amount of ambiguity in a will can quickly turn into a hotly contested issue among you and the other beneficiaries of the estate. Our skilled estate litigation attorney can represent you in probate court, resolving any conflicts while speaking up for your best interests.

Challenging a Will

A will is considered legally binding if it is signed in the presence of two witnesses who will not benefit from the estate. These witnesses must also place their signatures on the document to finalize it.

A will may be contested if a beneficiary has concerns about whether the deceased person was of sound mind at the time of writing. This can be proven in court through witness statements and medical documentation that show mental decline or incapacity. If the deceased person did not understand the assets they were giving away or who was receiving them, the validity of the will might be called into question.

A will can also be challenged if a beneficiary suspects undue influence was a factor. If the deceased person did not write the terms of the will of their own volition, the distribution of the estate may be challenged in court.

Trust Litigation

A trust is similar to a will in that it can dictate how assets will be distributed after death. The assets within a trust are distributed by a trustee, who has a fiduciary duty to act in the beneficiaries' best interests. If the trustee is accused of embezzling funds or otherwise using the assets in the trust for personal gain, the beneficiaries can take legal action against the trustee.

When a trustee is accused of breaching their fiduciary duty, the court will hear evidence from both sides to determine the validity of the claim. If the claims are found to be true in court, the trustee could be removed. At John Pcolinski Law, P.C., we have represented beneficiaries as well as trustees accused of violating the terms of a trust.

Mediation

Compared to standing in front of a judge in court, mediation is a more relaxed, informal setting. In mediation, the parties can agree to meet in a neutral setting, such as a private office. At the meeting, the mediator will help the parties come to a mutual agreement, proposing possible solutions along the way.

The mediator remains neutral and does not take sides in the debate. Unlike the judge, the mediator does not make a final decision. Instead, the mediator facilitates throughout the process and helps the parties to reach their own agreement. If you and the opposing party are on civil, speaking terms, you might find success with this approach. Successful sessions are often built on compromise instead of one party "winning."

As a certified mediator, John Pcolinski can engage with you and the other party to help you find common ground.

Arbitration

The structure of arbitration is similar to litigation, but generally speaking, it is much faster overall. In arbitration, both parties can present an argument to a third party known as an arbitrator, who will make a final decision after hearing from both sides. The arbitrator's decision is legally binding, much like a judge's ruling.

One of the key benefits of arbitration is that it is not bound by restrictive court schedules. This allows you to reach a quick resolution to a legal dispute with much less paperwork and protocols, resulting in lower legal fees. Additionally, arbitration is confidential, affording all parties with privacy.

Attorney John Pcolinski has been certified as an Arbitrator for the Eighteenth Judicial Circuit since 1990, which has given him deep insights into dispute resolution. When you work with our firm, we will endeavor to resolve your legal issue in a swift, productive manner.

Meet With a DuPage County Dispute Resolution Attorney Today

If you are dealing with a legal issue in your personal or professional life, John Pcolinski Law, P.C. can help. John Pcolinski Law, P.C. has the skills and experience needed to guide your case to an efficient resolution, whether he is providing representation during litigation or serving as a mediator or arbitrator. Contact our DuPage County dispute resolution lawyer at 630-665-9033 to get started with a free consultation today.