Litigation is a series of actions between two parties, a plaintiff and a defendant, focused on enforcing or defending a legal right. Parties can either settle litigation by working out settlement negotiations through mediation, or they can go to court and have a judge or jury make a ruling. Litigation includes activities before and after a lawsuit that enforce a legal right.
The practice of litigation refers to the rules and practices for resolving legal disputes. The litigation process involves several steps that are synonymous with trial work, though the majority of cases don’t make it to the courtroom. If a legal matter may require a lawsuit to earn the necessary legal protections, the case qualifies as litigation. There are several steps involved in a lawsuit.
Tort cases are guided by the Civil Rules of Procedure in force in that jurisdiction, which provides legal requirements that both the plaintiff and defendant must comply with throughout the litigation process. Other types of litigation cases may have specific procedural rules that must be followed.
It’s important to work with an attorney who has strong litigation skills. Trial lawyers manage all phases of the litigation process, including investigation, pleadings, discovery, pre-trial, trial, settlement, and appeal processes. There are two main types of litigation law that trial lawyers focus on, civil and criminal cases.
There are types of litigation laws for every practice area. The litigation process is the same even though the law and legal issues in each case are different. Civil and criminal litigation cases include negligence, malpractice, civil rights cases, business law, contract disputes, products liability, mass torts, intellectual property, securities class actions, and privacy and data security.
When you need legal advice to determine the need to take legal action, you should seek a law firm with years of experience and specialization in specific subject areas. The experienced lawyers at Bond Schoeneck and King take a strategic, effective, and efficient approach to litigation law. The law firm’s litigators have experience in state courts, federal courts, and arbitral forums across the United States. The high-caliber litigation team can navigate any conflict of laws with professionalism and outstanding advocacy skills. The law firm has a wealth of courtroom experience in both trial and appellate courts.
There are several aspects of litigation. There are certain types of pre-lawsuit litigation initiated by the plaintiff before filing a lawsuit. The plaintiff will make demands of the at-fault defendant to act to resolve the issue. Failure of the defendant to resolve allows the plaintiff to seek legal protections through litigation.
During the discovery period in which all facts related to the lawsuit undergo cross-examination, discovery requests are exchanged between both parties. Layers exchange formal requests such as interrogatories, demands related to evidence, requests for admission, and depositions. Should the lawsuit end up in the courtroom, each party has the opportunity to present their cases and make oral arguments in response.
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The best way to determine if litigation is the right move for your legal issues is to seek legal advice from an experienced lawyer.