When the next step is litigation
Your firm may have investigated the loss, developed the estimate and exchanged demands with the carrier. A remaining dispute over coverage, causation or the amount owed can require litigation to develop the evidence and pursue the policyholder’s claims.
WJ Gould Law focuses on that work. We represent Arizona homeowners and small businesses in first-party property insurance litigation, with storm damage at the center of the practice. We welcome inquiries from firms whose pre-suit work has reached the point where litigation counsel is needed.
Matters to discuss with us
- Storm damage claims with unresolved coverage, causation or repair-scope disputes.
- Denied or underpaid residential and small commercial property claims after pre-suit efforts.
- Breach-of-contract matters and potential insurance bad-faith claims that warrant further evaluation.
- Files requiring a litigation assessment, including review of the evidence, policy provisions and procedural posture.
A stalled negotiation alone does not establish a viable lawsuit. We review the merits, available proof, practical economics and deadlines before deciding whether to accept a matter.
Two ways to work together
Referral for litigation
For an accepted referral, WJ Gould Law takes responsibility for the legal work described in the engagement. We coordinate the transition, identify outstanding tasks and address communication with the client and referring firm. Any updates to the referring firm are subject to the client’s authorization.
Substantive co-counsel
Where a shared engagement fits the matter, we define each firm’s responsibilities at the outset. That includes who handles pleadings, discovery, depositions, experts, motions, settlement discussions and trial preparation as applicable. We also address expenses, client communication and decision-making with the client.
How the litigation is developed
We begin with the policy and claim record, including prior demands, carrier responses, estimates, inspections and expert materials. That review guides the pleadings and the evidence needed through discovery. Settlement opportunities are evaluated as the case develops, with trial preparation where appropriate.
Read about our litigation approach.
A clear handoff
- Initial discussion. Identify the general dispute, property location, carrier and case stage. Flag any approaching deadline.
- Conflicts screening and file review. We arrange the screening and then request the materials needed to evaluate the case through an appropriate secure process.
- Written engagement. If the matter is accepted, we address scope, fees, expenses, required client consent and responsibility for deadlines in writing.
- Coordinated transition. We confirm the transfer of responsibility and any procedural steps needed for the engagement.
Continue handling existing obligations until responsibility has been expressly transferred. Sending an inquiry or documents does not make WJ Gould Law counsel of record.
Fees between firms
We discuss the proposed arrangement directly. Any division of fees between lawyers is subject to applicable professional rules and required client consent. The agreement addresses the work, responsibility and economics of the particular engagement.
The firm’s policy is not to pay nonlawyers for referrals or share legal fees with nonlawyers. Attorney-to-attorney arrangements are discussed separately.
