Scottsdale Divorce Lawyer | Owens & Perkins, Attorneys at Law

July 2012

Generations Representing Generations

Case A. Client is arrested and being held on bail of $1,000,000. He has the money and can post it. Should the attorney agree to his doing so? No. A hearing was requested regarding the Client being released on his own recognizance. The Judge said, “I will not let him out without bond; however, I will reduce it to $5,000.” The prosecutor knew at that moment that he had lost. The key was that the attorney employed the services of an expert and prepared for that bond hearing as though it was trial. The attorney won and the Client saved thousands of dollars. Case B. Client retained us to file a lawsuit against a major hardware store that sold him a solution for cleaning out drains. The solution was highly toxic and its’ use was prohibited except by a licensed contractor, pursuant to the language printed on the label. The Client was not a licensed contractor, but the store sold it to him anyway. He used it and it blew up in his face causing severe injuries and pain. The damages involved hundreds of thousands of dollars. Issues that had to be considered: Did the Client read the label when he purchased the solution? Did the store warn Client about the prohibition on the label? Did the Client know what was clogged in the drain? How long did the Client wait to make his claim after he bought the bottle of cleaning fluid? Had the manufacturer kept records of blow-outs in the past? The list went on and on. Before filing suit, we wrote the manufacturer and the local dealer asking for facts. A major insurance company responded for them. That was a good sign. The manufacturer was aware the product was faulty and was willing to settle the case to avoid the negative exposure of a lawsuit. The Client obtained a settlement for his damages and was able to avoid a costly and lengthy court battle. The lesson is – hiring an attorney to investigate and prepare your case may save you time and money, and get you a better result.

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