Civil Litigation

Civil litigation is a broad area of practice that includes contract disputes, personal injury, eminent/domain condemnation, probate and guardianship disputes and business disputes.  The Wilkinson Law Firm has extensive experience in these areas in both state and Federal courts and also utilizes proven methods of dispute resolution to achieve prompt, efficient and satisfactory results for clients.
Breach of Contract

Breach of contract cases are common civil disputes for an individuals or businesses.  Whether the lawsuit arises from a partnership agreement; a purchase and sale agreement; a lease or other real estate agreement; non-compete, non-disclosure or other business contract, a dispute will often revolve around a written or oral agreement and the breach of that agreement by one of the parties to that agreement.

Typically, the remedy for a breach of contract action is money and that is what a court judgment will typically award.  However, because real estate is considered unique, a real estate lawsuit relating to who owns (or should own) a piece of property should also include a claim for specific performance.  This claim, which goes hand in hand with a breach of contract claim, asks the court to force the other party to perform their end of the bargain.

Regardless of the type of contract at issue and whether you are pursuing or defending a breach of contract lawsuit, the lawyers at the Wilkinson Law Firm have the skill and experience to effectively represent you in your breach of contract action.

Personal Injury
If you have been injured in a motor vehicle accident as a result of the careless actions of another, you may be entitled to damages for medical expenses, pain and suffering, mental anguish, repairs to your vehicle, and lost wages.  At the Wilkinson Law Firm, we understand that being involved in an automobile accident is a crisis that can affect every facet of your life and our goal is to provide individual and personal representation to help you through this difficult time.  After years of handling complex personal injury and wrongful death cases, we have the skill and experience to fight for the full compensation our clients deserve.
Construction Law
The lawyers at the Wilkinson Law Firm have represented owners, contractors, subcontractors and suppliers in complex commercial and residential construction defect cases.  We have experience in handling all phases the construction process including contract negotiation, mechanics/material-men’s liens, and litigating construction cases in court.  If you have questions about construction law or litigation, please contact us to schedule an appointment.
Commercial Motor Vehicle
Experience and knowledge are keys to success when defending motor carriers in motor vehicle accident litigation, freight claims and insurance coverage disputes.  The attorneys at the Wilkinson Law Firm have represented motor carriers in defending multi-commercial vehicle catastrophic injury and fatality accidents and believe that aggressive defense and frequent reporting are of the utmost importance.  We are also one of the few law firms in Arkansas that has extensive experience representing motor carriers in cargo litigation involving claims for lost, damaged, or stolen freight.
Non-Compete Agreements
Non-compete agreements are treated differently from regular contracts.  Unlike most contracts for employment, the non-compete agreement has the effect of inhibiting commerce.  Public policy favors people having jobs and being productive.  As a result, a non-compete agreement has to be properly limited geographically, temporally (length of time of the non-compete), limited by industry and limited to a legitimate interest of the company.  However, even if the non-compete meets all of these requirements, enforceability is still questionable because decisions by Arkansas courts have been inconsistent and cases are decided on a case by case basis.  The attorneys at the Wilkinson Law Firm have experience drafting non-compete agreements for employers and litigating non-compete agreements on behalf of employers and employees.  If you are facing a non-compete or need one, please call us.
Eminent Domain/Condemnation
In Arkansas, the government and governmental entities such as utility companies have the power to take your property, but they cannot dictate the price they are willing to pay.  Instead, compensation is determined by the highest and best use laws for your property.  Although the eminent domain process in Arkansas is complicated, the attorneys at the Wilkinson Law Firm have experience representing condemning authorities and property owners in eminent domain cases.  If you are threatened with eminent domain, please contact us to schedule an appointment immediately.
Probate, Wills, Trusts and Powers of Attorney
Disputes in probate court can arise over disputes relating to a will, trust, the administration of an estate or between heirs and beneficiaries.  Probate also involves guardianships, which are intended to promote and protect the well-being of an incapacitated person and his or her property.   Individuals may be incapacitated by reason of minority (under the age of 18) or because the individual is substantially without capacity to care for himself or herself or their estate.  There are two types of guardianships: temporary guardianships which can last no more than 90 days by statute and permanent guardianships which last until terminated by a court.  A guardian may be appointed over the person or over the person and the estate.  A guardian of the person has no control over the individual’s financial affairs or property.  Randall Wakefield has experience pursuing guardianships for those seeking to be appointed as guardians and defending guardianships when one is being sought improperly.  If you interested in pursuing a guardianship or if you have been served with a petition for guardianship, please contact us.  Mr. Wakefield also prepares wills, trusts and powers of attorney.
Appeals
Appeals are complex and there are many pitfalls that require experience and attention to detail to avoid.  The Wilkinson Law Firm has handled many appeals from criminal, civil and domestic relations cases.  If you are unsatisfied with the outcome of your case and you are considering and appeal or if an appeal has been filed against you, please call us for a free consultation.
Landlord/Tenant

Leases:

A lease is a contractual agreement signed by both the tenant and the landlord which dictates the terms of the rental agreement. The lease will outline the rights and responsibilities of both parties and is necessary to protect the parties in the event of a disagreement. Each individual property has special needs that will need to be addressed in the lease agreement. If you are a landlord and have a property for lease it is wise to have your agreement reviewed by an attorney every couple of years in order to assure that you are meeting all your needs and concerns.

Eviction:

An Eviction is a legal process by which a landlord regains possession of a leased premises from a tenant or occupant through court judgment. In most situations an eviction requires the involvement a court. If a landlord wishes to evict a tenant, he or she must follow strict procedures set forth by the state of Georgia.

Some common types of eviction notices are:

  • Pay or Quit – A pay or quit notice is used where the tenant has not paid rent. The landlord then warns the tenant that if he does not pay, he will be required to leave.
  • Cure or Quit – A cure or quit notice is used where the tenant has violated another term of the lease. The landlord warns the tenant that if he does not fix the violation, he will be required to leave.
  • Unconditional Quit – A tenant is ordered to move out within a certain period of time under the unconditional quit notice. The tenant is not offered the opportunity to fix any problems.

If a tenant will not leave the premises after an eviction notice has been issued, the landlord must go to court and file an unlawful detainer lawsuit. An unlawful detainer lawsuit is a speedy action and will determine whether the tenant is required to vacate the premises.

Contempt
When a court makes an order, that court maintains jurisdiction of the parties for enforcement of that order. If an individual does not follow those orders a petition may be filed with the court to not only order the enforcement of the order, but to find the party not following orders in contempt. When a party is found to be in contempt of a court order they can be fined, ordered to pay the other parties’ attorney fees, or even a sentence of jail time depending on the severity of the contempt.
Name Change
Name Change petitions are filed in the Circuit Court of the county in which you reside. The courts in Arkansas apply a liberal standard in deciding whether to grant a name change.  In accordance with the standards of Arkansas law, the court will grant a name change request unless it is being sought to perpetrate fraud, misrepresentation or interference with the rights of others.

Civil Litigation

Civil litigation is a broad area of practice that includes contract disputes, personal injury, eminent/domain condemnation, probate and guardianship disputes and business disputes.  The Wilkinson Law Firm has extensive experience in these areas in both state and Federal courts and also utilizes proven methods of dispute resolution to achieve prompt, efficient and satisfactory results for clients.
Breach of Contract

Breach of contract cases are common civil disputes for an individuals or businesses.  Whether the lawsuit arises from a partnership agreement; a purchase and sale agreement; a lease or other real estate agreement; non-compete, non-disclosure or other business contract, a dispute will often revolve around a written or oral agreement and the breach of that agreement by one of the parties to that agreement.

Typically, the remedy for a breach of contract action is money and that is what a court judgment will typically award.  However, because real estate is considered unique, a real estate lawsuit relating to who owns (or should own) a piece of property should also include a claim for specific performance.  This claim, which goes hand in hand with a breach of contract claim, asks the court to force the other party to perform their end of the bargain.

Regardless of the type of contract at issue and whether you are pursuing or defending a breach of contract lawsuit, the lawyers at the Wilkinson Law Firm have the skill and experience to effectively represent you in your breach of contract action.

Personal Injury
If you have been injured in a motor vehicle accident as a result of the careless actions of another, you may be entitled to damages for medical expenses, pain and suffering, mental anguish, repairs to your vehicle, and lost wages.  At the Wilkinson Law Firm, we understand that being involved in an automobile accident is a crisis that can affect every facet of your life and our goal is to provide individual and personal representation to help you through this difficult time.  After years of handling complex personal injury and wrongful death cases, we have the skill and experience to fight for the full compensation our clients deserve.
Construction Law
The lawyers at the Wilkinson Law Firm have represented owners, contractors, subcontractors and suppliers in complex commercial and residential construction defect cases.  We have experience in handling all phases the construction process including contract negotiation, mechanics/material-men’s liens, and litigating construction cases in court.  If you have questions about construction law or litigation, please contact us to schedule an appointment.
Commercial Motor Vehicle
Experience and knowledge are keys to success when defending motor carriers in motor vehicle accident litigation, freight claims and insurance coverage disputes.  The attorneys at the Wilkinson Law Firm have represented motor carriers in defending multi-commercial vehicle catastrophic injury and fatality accidents and believe that aggressive defense and frequent reporting are of the utmost importance.  We are also one of the few law firms in Arkansas that has extensive experience representing motor carriers in cargo litigation involving claims for lost, damaged, or stolen freight.
Non-Compete Agreements
Non-compete agreements are treated differently from regular contracts.  Unlike most contracts for employment, the non-compete agreement has the effect of inhibiting commerce.  Public policy favors people having jobs and being productive.  As a result, a non-compete agreement has to be properly limited geographically, temporally (length of time of the non-compete), limited by industry and limited to a legitimate interest of the company.  However, even if the non-compete meets all of these requirements, enforceability is still questionable because decisions by Arkansas courts have been inconsistent and cases are decided on a case by case basis.  The attorneys at the Wilkinson Law Firm have experience drafting non-compete agreements for employers and litigating non-compete agreements on behalf of employers and employees.  If you are facing a non-compete or need one, please call us.
Eminent Domain/Condemnation
In Arkansas, the government and governmental entities such as utility companies have the power to take your property, but they cannot dictate the price they are willing to pay.  Instead, compensation is determined by the highest and best use laws for your property.  Although the eminent domain process in Arkansas is complicated, the attorneys at the Wilkinson Law Firm have experience representing condemning authorities and property owners in eminent domain cases.  If you are threatened with eminent domain, please contact us to schedule an appointment immediately.
Probate, Wills, Trusts and Powers of Attorney
Disputes in probate court can arise over disputes relating to a will, trust, the administration of an estate or between heirs and beneficiaries.  Probate also involves guardianships, which are intended to promote and protect the well-being of an incapacitated person and his or her property.   Individuals may be incapacitated by reason of minority (under the age of 18) or because the individual is substantially without capacity to care for himself or herself or their estate.  There are two types of guardianships: temporary guardianships which can last no more than 90 days by statute and permanent guardianships which last until terminated by a court.  A guardian may be appointed over the person or over the person and the estate.  A guardian of the person has no control over the individual’s financial affairs or property.  Randall Wakefield has experience pursuing guardianships for those seeking to be appointed as guardians and defending guardianships when one is being sought improperly.  If you interested in pursuing a guardianship or if you have been served with a petition for guardianship, please contact us.  Mr. Wakefield also prepares wills, trusts and powers of attorney.
Appeals
Appeals are complex and there are many pitfalls that require experience and attention to detail to avoid.  The Wilkinson Law Firm has handled many appeals from criminal, civil and domestic relations cases.  If you are unsatisfied with the outcome of your case and you are considering and appeal or if an appeal has been filed against you, please call us for a free consultation.
Landlord/Tenant

Leases:

A lease is a contractual agreement signed by both the tenant and the landlord which dictates the terms of the rental agreement. The lease will outline the rights and responsibilities of both parties and is necessary to protect the parties in the event of a disagreement. Each individual property has special needs that will need to be addressed in the lease agreement. If you are a landlord and have a property for lease it is wise to have your agreement reviewed by an attorney every couple of years in order to assure that you are meeting all your needs and concerns.

Eviction:

An Eviction is a legal process by which a landlord regains possession of a leased premises from a tenant or occupant through court judgment. In most situations an eviction requires the involvement a court. If a landlord wishes to evict a tenant, he or she must follow strict procedures set forth by the state of Georgia.

Some common types of eviction notices are:

  • Pay or Quit – A pay or quit notice is used where the tenant has not paid rent. The landlord then warns the tenant that if he does not pay, he will be required to leave.
  • Cure or Quit – A cure or quit notice is used where the tenant has violated another term of the lease. The landlord warns the tenant that if he does not fix the violation, he will be required to leave.
  • Unconditional Quit – A tenant is ordered to move out within a certain period of time under the unconditional quit notice. The tenant is not offered the opportunity to fix any problems.

If a tenant will not leave the premises after an eviction notice has been issued, the landlord must go to court and file an unlawful detainer lawsuit. An unlawful detainer lawsuit is a speedy action and will determine whether the tenant is required to vacate the premises.

Contempt
When a court makes an order, that court maintains jurisdiction of the parties for enforcement of that order. If an individual does not follow those orders a petition may be filed with the court to not only order the enforcement of the order, but to find the party not following orders in contempt. When a party is found to be in contempt of a court order they can be fined, ordered to pay the other parties’ attorney fees, or even a sentence of jail time depending on the severity of the contempt.
Name Change
Name Change petitions are filed in the Circuit Court of the county in which you reside. The courts in Arkansas apply a liberal standard in deciding whether to grant a name change.  In accordance with the standards of Arkansas law, the court will grant a name change request unless it is being sought to perpetrate fraud, misrepresentation or interference with the rights of others.

Phones answered 24/7. Contact us for a free initial consultation.

The Wilkinson Law Firm is based in Bentonville, AR and handles cases all over the State of Arkansas. The Northwest Arkansas region is the firm’s primary practice area including: Bentonville, AR, Rogers, AR, Fayetteville, AR, Springdale, AR, Bella Vista, AR, Eureka Springs, AR. The Wilkinson Law Firm regularly accepts high profile cases from all over the State of Arkansas.

Phones answered 24/7. Contact us for a free initial consultation.

The Wilkinson Law Firm is based in Bentonville, AR and handles cases all over the State of Arkansas. The Northwest Arkansas region is the firm’s primary practice area including: Bentonville, AR, Rogers, AR, Fayetteville, AR, Springdale, AR, Bella Vista, AR, Eureka Springs, AR. The Wilkinson Law Firm regularly accepts high profile cases from all over the State of Arkansas.

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