You’ve had your layer for over a year, and they conducted discovery and attended court conferences the best they could. Now they tell you that they are not a trial attorney, they just settle cases. After you do some research, you find out that they are not an estate trial attorney at all. They may be a generalist, or they may specialize in a different kind of law all together. How does that make sense, you ask? If you are not ready to do an estate trial, why take on a case at all? They have no answer for you. All they have are excuses – I’m not feeling well, I’m retiring, I did not anticipate a trial. They may threaten to withdraw from the case or ask you to retain a different attorney, often after you’ve paid them tens of thousands of dollars.
But not to fear. The case can still be salvaged. Although you will need to provide a trial deposit, there are trial estate attorneys who are ready to take on a case no matter what stage the case is in and no matter what degree of preparation the prior “non-trial” attorney has done.
Whether you are defending a will, trust or a financial transfer, or are trying to set aside one of those documents, or are proving a kinship, or fighting an estate accounting, you need experienced trial counsel to maximize your chances of winning.
If possible, we will trial to extend the discovery period and get a chance to do depositions, document exchanges, examinations of witnesses, interrogatories or any other discovery devises. We may even end up settling the case after all that’s said and done! But if you need to proceed to trial and need experienced estate trial counsel, I will be happy to try the case for you. My name is Albert Goodwin and I have been trying estate cases in New York for over a decade. I can be reached at (212) 233-1233.