Litigation

Litigation Attorneys in Utah for Business Disputes, Trials, and Appeals

Kirton McConkie’s litigation attorneys represent businesses and individuals in commercial and civil disputes across Utah, with a focus on trial strategy, cost-efficiency, and results. Whether we’re defending against a claim or initiating legal action, we start by developing a plan that serves our clients’’s business goals, considering all available options, from early alternative dispute resolution to courtroom trial and appellate advocacy.

We represent clients in state and federal courts, administrative proceedings, and arbitration forums across the country. Our litigators include former federal and appellate clerks with experience handling matters ranging from one-day trials to multi-week, high-stakes disputes.

Litigation Areas

We represent clients in many litigation matters, including:

  • Real estate and construction disputes
  • Employment litigation
  • Creditors’ rights and collections
  • Contract breaches and interference claims
  • Shareholder and ownership disputes
  • Intellectual property and trade secret litigation
  • Insurance defense
  • Civil rights and constitutional claims

We help clients with pre-litigation risk assessments, subpoena response strategies, and early case evaluation.

Appellate Practice

Our appellate attorneys have managed hundreds of appeals and critical legal motions in state and federal courts, including the U.S. Supreme Court. We advise on First Amendment issues, business torts, estate disputes, insurance coverage, and more.

 

When an appeal is likely, we often work with trial teams early to develop strategy, assist with briefing, and preserve key arguments. This integrated approach allows us to move quickly when a decision is on the line.

How Litigation Works
  • Pre-litigation – Attempting informal or formal resolution through negotiation
  • Filing – A plaintiff files a complaint in court
  • Discovery – Both parties exchange evidence and information
  • Expert discovery – Specialized experts support or rebut claims
  • Trial – A judge or jury renders a decision if no settlement is reached
  • Appeal – Parties may challenge the outcome in a higher court
Common Case Types
  • Breach of contract – Failure to meet agreed terms without legal justification
  • Business torts – Misconduct that harms another business’s operations or relationships
  • Partnership disputes – Conflicts over management, profit-sharing, or dissolution
  • IP disputes – Infringement of patents, trademarks, copyrights, or trade secrets
  • Employment claims – Wrongful termination, discrimination, wage, or retaliation matters
  • Shareholder disputes – Challenges over corporate governance or fiduciary duties
FAQ
What is the litigation process like?

It begins when a complaint is filed. Both sides exchange evidence (discovery), may use expert testimony, and present arguments at trial. If needed, the case can proceed to appeal.

How long does litigation take?

Timelines vary depending on case type. Some disputes resolve in a few months; others may take years, especially if appeals are involved.

How much does litigation cost?

Costs vary widely and depend on factors like discovery, expert witnesses, court fees, and legal strategy. We work with clients to manage costs strategically.

Are there alternatives to litigation?

Yes. Many disputes are resolved through arbitration, mediation, or negotiated settlement, often saving time and expense.

What are the possible outcomes?

Outcomes include judgment for one party, a settlement, dismissal, default judgment, or summary judgment, depending on how the case develops.


Practice Contacts
Adam David Wahlquist
Adam David Wahlquist
D. Andrew  Lajoie
D. Andrew Lajoie

Practice Attorneys

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