Litigation Practice

1. Litigation Practice

1.1 Constitutional Law

At Herrera, Moreno & Ramírez, our focus in constitutional law lies in defending human rights through amparo trials. Our practice is not only centered around the effective handling of litigation but also a deep understanding of the constitutional ramifications that affect all areas of law. Our team combines a meticulous approach to research with solid courtroom experience to defend the rule of law and our clients’ fundamental rights.

1.2 Commercial Law

At Herrera, Moreno & Ramírez, our commercial law practice is recognized for its deep knowledge and broad experience in handling a variety of commercial disputes, ranging from the management of complex contracts to resolving controversies through mediation and arbitration. Our strategic and meticulous approach to commercial litigation stands out especially in handling oral commercial trials and ordinary commercial trials, in accordance with the Mexican Mexican Commercial Code.

1.2.1 Oral Commercial Trial

At HMR, we have adapted our practice to the oral commercial trial system, which seeks greater celerity and transparency in resolving commercial disputes. Our legal team is highly trained in the specific dynamics of oral trials, allowing us to effectively and persuasively develop arguments, ensuring that our clients’ rights and interests are clearly communicated and efficiently protected in a real-time litigation environment. Our experience in this area includes representing in disputes over contract breach, corporate disputes, and litigation related to unfair trade practices, among others.

1.2.2 Ordinary Commercial Trial

The ordinary commercial trial remains the predominant process for most complex commercial disputes. At HMR, we handle these trials with a combination of exhaustive legal analysis and practical litigation skills, allowing us to effectively address cases involving a wide range of commercial matters. This includes disputes arising from contracts, resolution of disputes between shareholders, indemnity claims, and more. Our approach is on meticulous case preparation, from the initial investigation and evidence gathering to trial representation, ensuring that every aspect of the case is handled with the utmost competence.

1.2.3 Collection and Defense in Actions Based on Credit Instruments

A notable specialty within our commercial practice is handling legal actions related to credit instruments such as checks, promissory notes, and letters of exchange. At HMR, we provide services for both the effective collection of debts and the defense in litigation originated by these these instruments. Our experience spans from the complaint and attachment lien phase to the sentence enforcement through all stages of the process, including objections and defenses related to authenticity, legal capacity, and enforcement of the instruments. We handle these cases with an approach that not only seeks to resolve the litigation but also to protect our clients’ financial stability and reputation.

At Herrera, Moreno & Ramírez, our broad experience and knowledge in commercial law allow us to confront and resolve the most challenging litigation, ensuring our clients’ commercial interests are rigorously and effectively defended. We pride ourselves on our ability to adapt to changing market needs and regulations, always offering legal representation that is as dynamic as the commercial environment in which we operate.

1.3 Civil Law

In the civil area, we provide legal advice in litigation involving personal and property relationships. From family disputes to succession matters and real rights, our focus is on providing legal representation that not only resolves conflicts but also preserves our clients´ long term relationships and personal interests.

1.3.1 Family Law

Our family law practice addresses all aspects of family law, providing representation in litigation including divorce, child custody, marital dissolution, adoption, and successions. Our focus is on providing legal solutions that protect our clients’ personal and property while facilitating transition during these challenging periods with utmost sensitivity and respect for all parties involved.

1.3.2 Lease Law

In the leasing area, our firm actively handles contentious oral trials, representing both landlords and tenants. We specialize in resolving disputes related to property leasing, ensuring compliance with contractual terms and respect for our clients’ rights through effective procedures and judicial decisions.

1.3.3 Real and Possessory Rights

At Herrera, Moreno & Ramírez, we are aware that legal conflicts related to real and possessory rights can be particularly complex and contentious. These conflicts often involve a wide variety of situations, from ownership disputes to issues of use and enjoyment of goods. Below we outline how our firm approaches these matters from a litigation perspective:

a. Litigation in Real Rights

Real rights imply a direct relationship between a person and a good, and any dispute over these rights requires a meticulous and strategic legal approach. At HMR, we handle litigation cases related to:

– Ownership disputes: These include conflicts over ownership of real and personal property where the validity of the ownership is questioned due to sales, inheritances, donations or errors in records.

– Easement problems: These disputes can arise when there are disagreements over the scope or existence of easements such as rights of way or use of natural resources (water, electricity).

– Mortgage enforcement: We represent creditors in enforcing mortgages to recover the value of defaulted credit, as well as debtors in defending against foreclosures deemed unfair and wrongful.

– Usufruct conflicts: We handle cases where the right to use and obtain from an asset is questioned, covering everything from usufruct term interpretation to it´s termination.

b. Litigation in Possessory Rights

The right of possession, although separable from ownership of the property, can generate intense and meaningful litigation, especially when the legitimacy of possession is disputed. We specialize in:

– Writs: We act in protecting possession against disturbances or dispossessions, representing both possessors seeking to defend their possession and owners claiming recovery of their property.

– Acquisitive possession (usucaption): We defend clients who have possessed property for the legally required time to obtain formal ownership of it, as well as those opposing such claims.

1.4 Administrative Law

At HMR, we tackle legal challenges in the administrative area by providing representation before all levels of government. We specialize in the defense and advice in administrative procedures, ensuring that our clients’ rights and interests are protected against government actions.

1.5 Environmental Law

Our environmental law practice focuses on advising businesses and individuals on applicable environmental regulations. We provide legal representation in litigation and administrative proceedings related to natural resource management and environmental protection, ensuring that our legal strategies comply with environmental regulations and promote sustainability.

1.6 Criminal Law

In criminal matters, HMR offers comprehensive legal representation for both crime victims and defendants. Our involvement ranges from the initial investigation phase, through complementary investigation, criminal trial, and up to sentence enforcement. We ensure our clients receive robust legal advice and focused representation aimed at achieving the most favorable outcomes while maintaining a strong commitment to justice and the rule of law. We actively participate in formulating defense or prosecution strategies, intervening in all procedural stages and using every legal resource at our disposal to protect our clients’ interests and ensure justice is effectively administered.

1.7 Specialized Areas

We offer specialized legal services in sectors such as banking, securities, insurance, bonds, intellectual and industrial property, and foreign trade. Our practice focuses on providing specialized advice addressing the most technical and complex aspects of law, ensuring expert representation in each of these specialized areas.