Karyne Ghantous Is A Best’s Recommended Insurance Attorney, Representing Businesses as California Defense Counsel
If you have business operations outside the state of California and you are threatened with litigation, retaining California defense counsel is necessary to properly defend your business. We serve as California defense counsel for businesses and property owners involved in a variety of litigation matters. We have successfully achieved an offensive defense while utilizing cost effective strategies to obtain the best results for our clients.
Clients are regularly apprised of options throughout the litigation so the company can make informed decisions at every phase of the litigation process and decide how and when the case should be resolved. While we are prepared to try a case, we make every effort to end the litigation through negotiation, motion practice, and mediation when possible.
When is California Defense Counsel Needed?
California defense counsel can assist with ensuring that the attorney-client privilege is maintained. California courts draw a distinction between communications that enjoy an absolute privilege versus those that are considered to be a qualified privilege. Generally, communications with in house or general counsel on ordinary business operations are either not deemed to be privileged or fall under a qualified privilege. Because the burden is on the party claiming privilege to establish that the communication was made in anticipation of litigation and with the expectation of privacy, businesses with operations in California, should retain California defense counsel as soon as litigation becomes likely.
The determination of whether the communication is privileged lies with the trial judge. If the judge finds a qualified privilege applies, the judge then must weigh the benefits of the disclosure to the risk of prejudice to the other side. In some cases, the judge may elect to perform an in camera review of the material and can order the full or partial production of the material. If California defense counsel is copied on the communication and the communication relates to a topic relevant to the anticipated lawsuit (as opposed to ordinary business operations), it is more likely that the communication will be found to be protected. This may be sufficient, when identified on a privilege log, but there are no guarantees even with marking the communications as privileged because each judge comes to the analysis with their own experiences and beliefs which makes their discretion a wild card. Consequently, California defense counsel will assist in determining the best means to protect these privileged communications as the facts to the particular case become evident.
Why Hire Ghantous Law Corporation?
We regularly advise businesses, HOAs, property owners and contractors involved in various liability litigation which typically requires an attorney who is not only familiar with the applicable statutory law, but one who is experienced with the interplay between contractual indemnity obligations and insurance obligations arising in litigation with multiple parties. Our firm can assist your business with the drafting of important contractual provisions to maximize your legal rights in the event of litigation, can provide counsel and advice in the interpretation of rights and legal obligations stemming from a purchase agreement or lease agreement, and successfully defend litigation claims, if necessary.
With over 20 years of litigation experience, we can assist your business with the drafting of important contract provisions to maximize your legal rights in the event of a litigation. The firm can provide solid and accurate counsel in the interpretation of rights and legal obligations of any dispute as they occur. By retaining counsel before litigation commences, you can more likely ensure the successfully defense of litigation claims or the avoidance of costly litigation entirely.