Litigation is not a homogenous entity. In most cases it may be dichotomized into two:
O Civil Litigation – This concerns the disputes between privates such as individuals, organizations or business.The common ones are contract dispute, property dispute and a personal injury case.It tends to seek financial reparation or to claim a right.
O Criminal Litigation – These are the cases where the government accuses a person or a group of persons with the breaking of the law. The law companies of criminal defense are all about defending the accused, fair trial and achieving maximum benefit.
Both of them require the expert knowledge of the conventions of the court process, evidence, and legal strategy, the expertise that the advanced law firms can provide.
Process of litigation: A Step by Step Process.
Customers are typically threatened at the thought of going to the court. The anxiety less comes about as a result of the process. Litigation, the average course of action, goes through as follows:
Case Analysis and Research – Case has been analyzed by a legal company that evaluates the strength of the case, gathers evidence and interrogate witnesses.
Pleadings – Documents are submitted before the court that provide the claims of the plaintiff and the defendant respectively.
Discovery- The two parties discuss to present and exchange information, find documents and take depositions to build their cases.
Pre-Trial Motions – This is whereby lawyers request the court to dismiss some aspects of the case, or to rule on some aspect before trial.
Trial- Lawyers present evidence and also argue and question witnesses in front of a jury or to a judge.
Appeals – When either party is not happy about the outcome, he/she can seek the higher court to have the outcome reviewed.
The client will be led by an accomplished legal team in litigation to ensure that each step is undertaken to ensure that the due dates are adhered to and plans geared towards ensuring that where maximum performance is realized.
Common Areas of Litigation
The litigation services are extensive. There are others that are most common:
O Business and Commercial Disputes – Violation of contract, partnership disputes, shareholder disputes.
O Employment -Discrimination litigation in the workplace, lawsuits involving termination, lawsuits against wage.
O Personal Injury Cases – Cases of medical malpractice, slip-and-fall cases, and car accident cases.
O Real Estate Litigation Boundary litigation, tenant – landlord litigation, zoning litigation.
O Intellectual Property Litigation- Trademark infringement, copyright cases, patent cases.
All these are particular spheres that require not only certain strategies but also careful referencing to the legal peculiarities, that is why it is important to choose a company with the experience in the litigation.
Strategies used in Litigation Strategies Law Firm.
Nobody can win a case just by law, as well as by developing the right strategy. Law firms often use:
O Early Settlement- Consent in that will save time and cost prior to trial.
O Aggressive Representation – Trial settlement of cases that are not in the best interest of the client.
O Expert Witnesses – Inviting the professionals in the industry to support the stand of the client.
O Alternative Dispute Resolution (ADR) – Alternative to arbitration or mediation, which is relatively cheaper.
The Interests of the client, type of the conflict and quality of evidence will be used as the basis of this plan.