Trial Court Litigation

We help our clients prioritize their goals, go over all the possible approaches available, and help them assess which approach will both advance their case. 

Most people thinking about divorce begin with the hope of getting through the process without having to go to court. Unfortunately, amicable resolution works only when both people are committed to that approach. When one or both parties initially take widely divergent positions on issues that take litigation to resolve, settlement is not entirely out of the question, but those initial positions mean that some litigation needs to happen first. Schiller DuCanto & Fleck’s Illinois family lawyers, in three our convenient office locations in downtown Chicago, Lake Forest and Wheaton, help clients prioritize their goals, go over all the possible approaches available, and help clients assess which approach will both advance the case and motivate the other party to settle. 

Schiller DuCanto & Fleck’s Illinois family lawyers know that clients count on the information provided by their lawyers both as to the time a case can take and the result that can be achieved. Our attorneys work diligently to be sure that communications with the client include learning about the client, discussing expectations of the process, and addressing assumptions the client might be making based on information the client has from other sources so that clients are making decisions using the best possible information. The firm’s attorneys also recognize that the investigation and analysis needed to maximize the likelihood of success at a trial is the same investigation and analysis necessary to maximize the likelihood of an optimum settlement. 

Trial court litigation has many moving pieces and Schiller DuCanto & Fleck’s attorneys are particularly skilled at communicating legal concepts so that clients understand what is happening in their cases and can make informed decisions about each of the moving pieces. A big source of client stress in litigated cases is fearing the unknown of having to give testimony. The firm’s lawyers communicate with clients about the differences between ordinary conversation and testifying at a deposition or in court. They talk through clients’ concerns about the process so that no client leaves a deposition or trial feeling as though he or she was unprepared for the task of testifying effectively. 

If facts or legal rulings change the landscape, clients may need to reassess their goals and priorities. The firm’s family law attorneys are attuned to continually evaluating case strategy to be sure that the strategy stays current with client’s goals and priorities. Since Schiller DuCanto & Fleck’s lawyers are known for a high level of preparedness and confidence in the courtroom, those skills alone can often tip the scales toward a favorable outcome for a client. 

News and Insights

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Appeals

No matter how thorough the trial preparation and how skilled the Illinois divorce lawyer, at times a party in a high-stakes case is dissatisfied with the results and wants to appeal. Trial judges are not perfect and can make mistakes; at other times, one of the parties refuses to accept the trial court’s final decision.

Negotiated Settlements

The best result in any family law matter is a negotiated settlement. Divorce is a unique type of adversarial proceeding in that often the parties must deal with each other for many years following the dissolution of their marriage, especially if they have children.

Parental Responsibilities and Visitation

Children are the precious product of a marriage, so parenting issues are the most emotionally draining issues that arise when marriages fail. Spouses may divorce each other, but they do not divorce their children.

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