Litigation most simply put is the process of going to court and arguing a case. The case could be criminal in nature. Other litigation is of the civil variety, which usually involves two businesses or citizens arguing against each other. Litigation cases can obviously include various types of cases, which can range from contested divorces to eviction proceedings and beyond, and are often associated with tort cases. Interestingly enough, the vast majority of litigation cases get resolved before the case even reaches the courtroom, even though litigation is often thought of as being synonymous with being in a trial.
Understanding Litigation Law
The easiest way to properly understand litigation law is to familiarize yourself with the stages of a basic lawsuit. There are steps that apply to virtually all these cases.
They are as follows:
Initial Negotiations And Demand Letters: At the beginning of any legal dispute, the parties will usually discuss the matter with each other. When it becomes obvious that an agreement will not be reached, it’s time to obtain the services of a litigation attorney like Marcus A. Ross Attorney at Law, LPA. At this time, your lawyer will send a demand letter on your behalf, which will explain what the recipient of the letter needs to do to avoid additional legal action.
Conducting a Discovery, Filing a Lawsuit: If a dispute is not reached through initial negotiations, you will have to file a lawsuit. The rules surrounding the filing process are confusing, so it’s best to let your attorney handle the matter. Once the lawsuit is filed, it’s time to conduct a discovery. This is where information and documents are exchanged between the two parties involved and can also involve interviewing any witnesses.
Motion, Trial, and Appeal: This step includes reviewing all information obtained in the discovery process. A motion is then filed by the defendant. The judge will determine whether or not a case ends here by denying the motion or allowing it to proceed to trial. In some cases, the pre-trial stage of the litigation process can last for years. However, a jury trial, once began, will be over in a matter of weeks. Whoever loses the trail is allowed to appeal the ruling.
The Advantage of Hiring a Litigation Attorney
Even if a legal situation seems minor, hiring an experienced litigation attorney like Franklin Litigation Attorney Marcus A. Ross Attorney at Law, LPA, can give you a significant advantage when it comes to your case’s outcome. Call us today to learn how we can help you successfully traverse the sometimes perilous world of litigation law.