Civil Litigation

Representing clients in disputes with other individuals or businesses, including breach of contract claims, disputes with contractors, deposition preparation, and other non-criminal matters.  We assist during and before trial, the claims process, or at mediation or arbitration.

 

Individuals and businesses often find themselves involved in a legal dispute with another party. These disputes, often deemed to be a breach of contract, typically becomes matters resolved through civil litigation which entails the use of courts or arbitrators for adjudication.
For plaintiffs involved in a civil litigation matter, the objective is to right a wrong, honor an agreement, or to obtain compensation for an injury. On the other hand, defendants in a civil litigation matter want to aggressively protect their rights in opposing the plaintiff’s claim.
Whether you are a plaintiff or defendant, hiring a qualified civil litigation attorney is crucial in achieving a successful outcome in your case. Our Firm represents both plaintiffs and defendants in civil litigation matters including breach of contract, unfair and deceptive business practices, and business disputes.
Our Firm works closely with clients to evaluate their potential claims or defenses related to the commercial, professional, employment, and personal disputes. We represent clients before administrative agencies, alternative dispute resolution proceedings such as mediation or arbitration, and jury or court trials in state and federal court. We help clients prepare their cases and counsel them on steps and procedures involved. A skilled civil litigation attorney can also help clients leverage their negotiating position to reach a beneficial settlement. A negotiated settlement is often the most expedient and cost effective way to resolve many disputes.
If a dispute cannot be resolved through negotiation, pursuing a case in the courts may be the best or only option. In these situations, our civil litigation attorneys will collaborate with experts including investigators, accountants, and other relevant professionals in order to achieve a successful outcome.
If your legal dispute has risen to the level of civil litigation, our attorneys are ready to help.

Arbitration

Arbitration is a form of alternative dispute resolution, and is used to avoid a court proceeding for individuals involved in a dispute. In arbitration, the parties with a conflict select a neutral third party, called an arbitrator. The arbitrator will hold one or more hearings at which both sides can present evidence and testimony. After reviewing evidence and testimony of the parties, the arbitrator will render a decision. In most cases, the arbitrator’s decision is final, though arbitration can be either binding or non-binding. In non-binding arbitration, either side can reject the arbitrator’s award, and then the case would proceed to a trial. The arbitrator’s decision is typically not allowed to be mentioned at the trial.

In some cases, arbitration is required, primarily when contracts between the parties provide that any dispute will be resolved through arbitration. Arbitrators do not have to follow legal precedents, as judges do. They also are not required to explain the reasoning behind the decision. Arbitration can be performed by one arbitrator or by a panel of several arbitrators.

Arbitration can offer a number of advantages over a courtroom proceeding. First, arbitrations are usually faster than litigation, especially now when court dockets are overflowing in many areas of the country. Arbitration also tends to be less expensive than a traditional lawsuit. Furthermore, if the dispute is of a highly technical or scientific nature, arbitrators with expertise in that area can be chosen. Arbitration proceedings are usually private rather than public, such as a trial. Finally, the fact that decisions reached in an arbitration usually cannot be appealed offers the advantage of certainty for the prevailing party.

Arbitrators in many areas can award a variety of remedies. They include ordering one party to pay a sum of money, ordering a party to do or not to do something, making a declaration as to a matter determined in the arbitration, ordering performance of a contract, or ordering a contract to be set aside. Arbitrators may also be able to compel third parties to comply with discovery demands by disclosing records or other critical information.

If you feel arbitration may be an avenue worth considering for your legal dispute, contact our knowledgeable law firm today for a consultation. 

Mediation

Mediation is one form of alternative dispute resolution (ADR) that allows parties to seek a remedy for their conflict without a court trial. Parties work with a mediator, who is a neutral third party. Usually, mediators have received some training in negotiation or their professional background provides that practical experience.
Unlike a judge, a mediator does not decide who wins; rather, a mediator facilitates communication between the parties and helps identify issues and solutions. The goal is for parties to reach an acceptable agreement.
Mediation can be an appealing option because it is less adversarial. This might be important when the relationship between the parties has to continue in the future, such as between a divorcing couple with children. The process is also less formal than court proceedings.
Mediation often costs less than litigation, which is another benefit. Another advantage to using mediation is that it generally takes much less time than a traditional lawsuit. Litigation can drag on for years, but mediation can typically be completed within a few months. Court systems are embracing mediation and other forms of ADR in an effort to clear their clogged dockets. There are some programs that are voluntary, but in some jurisdictions, pursuing ADR is a mandatory step before a lawsuit can proceed.
Mediation can be used in a variety of cases, and it is sometimes required by a contract between the parties. Mediators can be found through referrals from courts or bar associations, and there are companies that specifically provide ADR services. Ideally, a mediator will have some training or background in the area of law related to your dispute.
Mediation is often a successful way to reach a settlement. If parties fail to resolve their conflict, information learned during mediation might be protected as confidential under state law. Contact our law firm today to help determine if mediation would be a valuable tool to resolve your case.

Deposition Representation

Depositions are the taking of an oral statement of a witness before trial, under oath. Depositions are oftentimes a big part of the lawsuit. In many instances, what is learned during discovery, and especially during depositions, might help the parties come to a settlement before the trial beings.
Unlike the information recorded in documents or the parties discovery responses, such as answers to interrogatories, a deposition involves an actual witness being asked questions about the case by all parties involved. The deposition serves two key purposes which are to investigate what the witness knows and to preserve that witness’ testimony for trial. Depositions are taken so that the parties are not surprised at what a witness may say on the stand at trial. If the witness changes his or her testimony at trial, the deposition transcript can be used to impeach the witness’ testimony.
A deposition is oftentimes noticed not just to support one side’s case, but to investigate the holes and vulnerabilities in a party’s case. Depositions can often lead to the case being settled or dropped, but can also lead to an increase in a settlement demand. All in all, the deposition is an opportunity for all sides to learn where the vulnerabilities are in their respective cases, then devise a strategy for handling them at trial.
As you might imagine, it is not just the parties to the litigation whose depositions are noticed. In employment lawsuits, for example, every employee past and present of a company may have their depositions taken. In personal injury cases, eye witnesses to an accident may have their depositions noticed.
That is why it is important for all deponents, both party and non-party witnesses, to seek legal counsel. Counsel to the parties may, in some instances, be able to represent the non-party witness. For example, corporate counsel may be able to represent its employee who is being deposed. However, often time non-party witnesses are left on their own.
Our civil litigation attorneys work closely with all deponents to offer them not only excellent representation in the claim or litigation, but to also meet with and prepare them for every aspect of the deposition. If you have received a notice of deposition, contact our firm for a free consultation to see if you need representation.

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