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Litigation
Though it is preferable to resolve matters outside of court, there are some disputes between parties that can only be resolved by using the force of law. Attorneys at Dickson Frohlich Phillips Burgess have years of experience in all areas of civil litigation and are considered some of the most aggressive and innovative in their field. The following is a brief description of the litigation process:
Litigation Law
Litigation generally refers to the process by which a controversy is disputed before the court. The legal process is designed to resolve issues between parties by using the force of the state through its judicial system. As you can imagine, the procedures and precedents that have developed over decades of lawsuits has created an intricate mechanism which is very difficult for parties on their own to process. There are essentially three basic phases in litigation:
Complaint Phase:
The first step in commencing a lawsuit is for a complaint and summons to be drafted and properly served on an opponent. The people damaged and seeking redress through the courts are considered “plaintiffs”. Those who are alleged to have caused the damage and who are subject to the lawsuit, are called “defendants”. A complaint is a relatively small document which briefly describes the dispute at issue, and what the plaintiff is seeking for relief.
Discovery Phase:
After commencing the suit, parties begin research and investigation as to their claims and defenses. This is called “discovery”, as these activities are meant to uncover information which bolsters their relative legal positions. This phase comprises the bulk of the litigation, as it also covers the time in which many attorneys bring dispositive motions, such as summary judgments. As one would expect, discovery often produces a clearer picture of the strength of a party’s legal position and can often push him towards settlement. It is difficult to compress all the procedural maneuvers arising during this phase, however, the most common forms of discovery are the following: (1) interrogatories – straightforward questions posed to the opponent, requiring a direct, written answer; (2) requests for production – requests to present, or allow access to, documents relevant to the lawsuit; (3) requests for admission – questions asserted which require either an admission or denial from the responding party; (4) depositions – similar to testimony at trial, depositions allow attorneys to directly question relevant witnesses or parties to the litigation. Their recollections are recorded by a court reporter, and can be used at trial as evidence. Though there are other aspects to discovery, these four are the most commonly used in litigation.
Trial Phase:
If the case has not been discharged through a settlement or dispositive motion, the matter is put to trial where a trier of fact (jury or judge) will make the final decision. The final holding will comprise a finding of facts and a legal pronouncement regarding the trier of fact’s interpretation of the law.
Attorney Robert Dickson
The core of Rob’s legal practice is civil litigation, with an emphasis on construction, real estate, and business law. He represents a wide range of clients, from large construction companies to individual homeowners. His is a practical approach to law, which strives to balance the need for a successful legal outcome with a client’s financial goals (or constraints). Outside of his private practice, Rob serves as an adjunct professor at the Seattle University School of Law where he teaches real estate litigation. [ Attorney Bio ]
Thomas L. Dickson
Tom is an experienced litigator and the founding partner of the firm. For over 30 years, he’s helped clients prevail in their real estate, construction, and business law matters.
Heather Burgess
Heather represents property owners and developers in all phases of real estate development, from pre-acquisition due diligence through local permitting and appeals.
Robert P. Dickson
The core of Rob’s legal practice is civil litigation, with an emphasis on construction, real estate, and business law. He represents a wide range of clients, from large construction companies to individual homeowners.
Daniel J. Frohlich
Dan’s legal practice focuses on civil litigation, real estate law, business law and probate law. He has more than 10 years of experience as an attorney serving clients throughout Western Washington.
Mark S. Johnson
Mark’s legal practice focuses on civil litigation, real estate law, business law and family law. He works tirelessly to help his clients achieve the outcome they are looking for.
Trevor A. Zandell
Since graduating with honors from law school in 2005, Trevor has been serving the legal needs of businesses, individuals, and families across Southwest Washington.
Daniel E. Pizarro
As an associate at Dickson Frohlich Phillips Burgess, Daniel is active in the firm’s civil litigation department. His practice is mainly centered around real estate law, landlord-tenant law, construction law, and probate law.
Alexander J. Wisbey
Alexander Wisbey comes to the firm with 5 years of experience as a litigator and trial attorney. He has first chaired several jury trials and has extensive experience handling arbitrations, mediations, depositions, and settlements.
Andrew Hata
Andrew is the head of our Transactional Department and focuses his practice on corporate governance, real estate transactions, commercial contracts, and corporate finance.
Kelley Duggan
As an associate at Dickson Frohlich Phillips Burgess, Kelley practices in a wide range of areas, including estate planning, probate, civil litigation, and intellectual property law.
Cambria A. Queen
Cambria is an Associate with Dickson Frohlich Phillips Burgess in the civil litigation department, where she practices primarily real estate and probate law.
George Knight
As an associate at Dickson Frohlich Phillips Burgess, George is active in the firm’s civil litigation and transactional departments. His practice is mainly centered around business law, real estate law, construction law, employment law, and probate law.
Chris Pierce-Wright
Chris comes to Phillips Burgess Tacoma from Seattle, where he served as an associate attorney focused on insurance litigation with Wilson Smith Cochran Dickerson.
Jennifer Yoo
Jennifer is an associate attorney at Dickson Frohlich Phillips Burgess where her current practice focuses on real estate law, contract and commercial disputes, and business law.
Katherine E. Baals
As an associate at Dickson Frohlich Phillips Burgess, Katherine practices in a range of areas, including real estate, construction, business, and civil litigation.
Kenneth Chan
As an associate at Dickson Frohlich Phillips Burgess, PLLC, Kenny is active in the firm’s civil litigation and transactional departments. Prior to working at Dickson Frohlich Phillips Burgess, Kenny was an in-house attorney for a Fortune 100 company.
Brian Buske
Following his graduation from Lewis & Clark Law School, Brian garnered valuable client experience working on international compliance and intellectual property issues.
Kyla S. Bennett
As an associate at Dickson Frohlich Phillips Burgess, Kyla practices in a range of areas, including real estate, land use, and civil litigation.
