LITIGATION & DISPUTE RESOLUTION
OVERVIEW
Peck Baxter is a litigation and trial firm at its core. Our attorneys represent businesses, individuals, entrepreneurs, professionals, investors, and families in complex disputes in state and federal courts, arbitration proceedings, and other forums.
Our litigation practice is distinguished by substantial courtroom experience and an impeccable trial record. We are comfortable handling complicated, high-stakes matters involving difficult facts, sophisticated legal issues, substantial financial exposure, and significant business or personal consequences. Just as importantly, we believe exceptional advocacy should not be reserved for the largest cases. We bring the same preparation, judgment, and determination to representing individuals and small businesses whose disputes may be modest in dollar value but enormously important to them.
From the beginning of a dispute through trial and appeal, our objective is to understand what is truly at stake, develop a clear strategy, and position the client to achieve the strongest available outcome.
Complex Litigation
Peck Baxter represents plaintiffs and defendants in complex civil litigation involving businesses, real estate, intellectual property, contracts, investments, fiduciary relationships, fraud, ownership disputes, and other significant commercial and personal matters.
Complex cases require more than aggressive advocacy. They require the ability to organize complicated facts, understand sophisticated transactions, identify the issues that actually matter, and present them persuasively to judges and juries.
Our litigators work closely with attorneys across the firm's corporate, real estate, intellectual property, employment, finance, and private-client practices when a dispute requires experience beyond the courtroom. That integrated approach allows us to understand both the legal claims and the underlying transactions, businesses, assets, and relationships giving rise to them.
Trial Advocacy
We prepare cases to be tried.
That philosophy shapes our approach from the earliest stages of a dispute. The evidence we pursue, witnesses we develop, experts we retain, motions we file, and settlement positions we take are informed by a simple question: how will this case ultimately be presented to the court or jury?
Peck Baxter's attorneys have substantial trial and courtroom experience and an exceptional record of success. That experience allows us to evaluate cases realistically, identify the facts and arguments most likely to matter at trial, and communicate our clients' positions clearly and persuasively.
Preparing for trial does not mean every dispute should reach a courtroom. Often, the willingness and ability to try a case creates opportunities to resolve it on favorable terms. But when trial is necessary, our clients know their attorneys are prepared to stand beside them in the courtroom.
Emergency & Equitable Relief
Some disputes require immediate action. Assets may be transferred, confidential information disclosed, contractual rights threatened, business operations disrupted, or other conduct may create harm that cannot adequately be remedied later through monetary damages.
Peck Baxter represents clients seeking and defending against temporary restraining orders, preliminary injunctions, permanent injunctions, receiverships, specific performance, declaratory judgments, and other forms of emergency and equitable relief.
These matters demand the ability to understand a complicated dispute quickly, identify the critical evidence, develop a focused legal theory, and advocate effectively on an accelerated schedule. Our litigators are prepared to respond accordingly.
Arbitration & Alternative Dispute Resolution
Not every dispute belongs in a courtroom. Peck Baxter represents clients in arbitration, mediation, and other forms of alternative dispute resolution involving commercial agreements, ownership disputes, real estate, construction, employment, intellectual property, and other matters.
We approach arbitration with the same preparation and strategic discipline we bring to courtroom litigation while recognizing the procedural and practical differences of the forum.
We also regularly use mediation and direct negotiation to explore opportunities for resolution. Where a negotiated outcome serves the client's objectives, we pursue it. Where it does not, we remain prepared to proceed.
Individuals & Small Claims
The importance of a case cannot always be measured by the amount in controversy.
A dispute involving a relatively modest amount of money may represent a family's savings, a small business's livelihood, an individual's reputation, or an important matter of principle. Peck Baxter believes those clients deserve meaningful access to experienced legal counsel too.
Our attorneys represent individuals and small businesses in select small claims and other disputes where practical, focused advocacy can make a meaningful difference. We look for efficient strategies proportionate to the amount at stake while providing clients with the same straightforward advice and determined representation that define our approach to larger litigation.
Appeals & Post-Trial Proceedings
Litigation does not always end with a trial court's decision. Peck Baxter represents clients in post-trial proceedings and appeals involving significant questions of law and challenges to trial court rulings.
Appellate advocacy requires a different discipline from trial practice: careful analysis of the record, precise legal research, persuasive written advocacy, and a clear understanding of the applicable standard of review. Our attorneys bring those skills to matters in which a client seeks to preserve a favorable result or challenge an adverse ruling.
Our Approach
We believe effective litigation begins with understanding the client's objective—not simply the legal claims available.
At the outset of a matter, we work to identify the strengths and weaknesses of the case, preserve critical evidence, understand the opposing party's position, and determine what a successful resolution should look like. We then develop the case around that objective.
We pursue opportunities to resolve disputes efficiently when doing so serves our client's interests. We use dispositive motions, negotiation, mediation, arbitration, and other tools where appropriate. But we do not build cases around the assumption that they will settle.
We prepare to win in the courtroom. That preparation gives our clients options outside of it.
Whether the dispute involves a sophisticated business controversy with millions of dollars at stake or a small claim of enormous importance to the person bringing it, Peck Baxter's commitment is the same: understand the case, prepare relentlessly, and advocate for our client when it matters most.
PEOPLE
PARTNER
SHAWN P. BAILEY
Logan, UT +1 435-787-9700
sbailey@peckbaxter.com
PARTNER
SHAUN L PECK
Logan, UT +1 435-787-9700
speck@peckbaxter.com
PARTNER
BRANDON J. BAXTER
Logan, UT +1 435-787-9700
bbaxter@peckbaxter.com
ASSOCIATE
MICHAEL D. JEWELL
Logan, UT +1 435-787-9700
mjewell@peckbaxter.com
ASSOCIATE
COLE C. PARKINSON
Logan, UT +1 435-787-9700
cparkinson@peckbaxter.com
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