Litigation Law

Litigation is about resolving legal conflicts between two or more parties before, during, and after actual trial proceedings in a civil or criminal case. Many lawyers who practice litigation also handle dispute resolution methods of settlement, such as mediation and arbitration, as well as administrative trials and hearings.?

While litigation can be an expensive process, that doesn't always have to be the case. Many cases can be handled quickly, efficiently and without the complication that leads to long, drawn out court battles. As we know, however, there are times when this simply cannot be avoided.

Lawyers determine independently how they will handle having their clients pay them for the expenses they incur in addition to or part of their services. This will probably depend on several factors, including the nature and strength of the case, the parties involved, court fees and other costs involved with obtaining pertinent records, testimony, and other necessary documents. There may also be other expenses involved, such as travel costs, payment for expert witnesses, and other research-related expenses in gathering evidence to present in your case. Needless to say, these fees can mount up if you have one of the more complex cases we have seen from time to time in the media.

Disputes are an integral part of humans being in interaction with other humans. When parties have disputes that cannot be resolved between themselves, we have a provision in our legal system so that disputes may be resolved through the courts. The litigation process includes this entire process the before, during, and after the court trial period.?

Attorneys who practice litigation matters may handle both civil and criminal matters, arbitration, mediation, and administrative trails and hearings. For the most part, litigation takes place between individual parties, individuals and businesses, businesses and other businesses, and businesses and the government - which all fall under the category of civil matters.?

Some common examples of parties involved in litigation could include:

An individual homeowner who is disputing a repair by a contractor

A couple involved in a divorce

Two drivers in an accident who both feel faulted

A company suing an actor for breach of contract

An individual fighting a tax imposed by the IRS

Two cities fighting over a piece of property

An individual suing a company for a defective product

One parent trying to get the other to pay child support

Two businesses fighting over patent rights

Someone suing any individual, business or agency for personal injury

Even government bodies can get into litigation, as when New York and New Jersey each claimed Ellis Island as their own

Once it becomes apparent that parties aren't going to be able to resolve matters on their own, the steps that lead to litigation usually follow a typical, somewhat predicable order or pattern. It goes something like this:

An initial demand is made. One party makes a demand upon the other in "no uncertain terms" what must happen in order to avoid further action.

When this doesn't work, one of the parties usually contacts a lawyer, and "The Letter" is sent. The lawyer's letter will often evoke a response from the other party (which is usually the point, after all).?

Pre-litigation settlement discussions go from there. In many cases, this is enough to get the parties talking and matters resolved. If not, things move on to the next level.?

The formal suit or demand for arbitration comes next, and means that formal litigation is under way. Since strict time limits apply here they are spelled out in this demand.

The answer is where the other party if officially "served," and must answer within a very specific timeframe.

Pre-trial discovery is where both parties seek to gather their evidence to support their case. They may collect evidence, take down the testimony of witnesses, examine documents or evidence, etc.

Motions in litigation is where each side seeks to narrow the issues and compel the other side to do something or decide something (hopefully) without even needing a trial.

The judge's pre-trial conference serves the purpose of trying to reach some sort of settlement.

The trial comes only if all these other attempts at resolution have failed. Sometimes a hearing is before a judge alone, or sometimes a jury is present, depending upon the situation.

The judgment occurs after the trial.?

Post-trial motions and appeals may occur when losing parties feel that something inappropriate occurred in the proceedings. This may be an appeal to a higher court, for example.

Collecting the judgment is the last, and can be the most difficult, step.?


As you can see, the litigation process can be a long one, and at times, an expensive one also. If you are involved in a dispute that you are unable to resolve you may need the help of a litigation and trial law attorney. A litigation attorney will help you get the settlement you deserve and assure that your legal rights are being protected.