What Does Civil Litigation Mean?
Civil litigation entails an argument between two individuals rather than companies. One party serves a complaint to a second party, seeking one of the following actions:
- Monetary compensation
- Legal protections like an injunction or a restraining order
- The court’s declaration of legal rights of the plaintiff in the situation
When a party faces a lawsuit, they engage a civil lawsuit lawyer to mount a defense. A civil litigation claim is lodged in either federal or state court and follows similar procedural stages to a business litigation claim.
To schedule a complimentary consultation with our civil litigation attorneys, please provide your First & Last Name and E-Mail below.
What Is the Cost of a Civil Defense Attorney?
The expense of hiring a civil litigation attorney can vary widely and is generally comparable to the fees of a plaintiff’s counsel. Several factors come into play when determining the overall cost of a civil claim:
- Your civil litigation attorney’s hourly rate or fee structure.
- The nature and complexity of the case.
- The duration of the legal proceedings.
- The quantity of alternative dispute resolution sessions.
- Whether the case proceeds to trial.
- The extent of discovery involved.
- Requirement for expert testimonies.
- The level of aggression exhibited by the opposing party.
It is worth noting that reaching a settlement is often the cheapest way to resolve a civil claim, and early settlements tend to be more advantageous. As a case prolongs, expenses tend to escalate, particularly if it proceeds to trial, in which civil lawsuit lawyer fees can become substantial. Further, according to the nature of the outcome, you might be responsible for covering the other party’s legal fees.
In civil litigation, most civil litigation attorneys typically bill on an hourly basis, accounting for time spent on discovery and case preparation. In cases with significant potential monetary compensation, they may consider a contingency fee arrangement, meaning they get a percentage of your award if they win your case. It is rare for a civil defense attorney to offer a flat fee structure for civil litigation due to the unpredictable nature of these cases. If a flat fee is proposed, it may be an indication of a civil lawsuit lawyer without much experience. Alternatively, individuals can explore resources on the California attorney litigation website to gain knowledge on representing themselves in civil litigation matters.
What is the Deadline for Responding to a Lawsuit?
In the state of California, you have a 30-day window from the date of receiving the summons to submit your response in a civil case. It is important to note that this timeline differs if you are being served with an eviction notice. For civil litigation claims on the federal level, the window narrows to 21 days from the day of summons.
Our team of civil litigation attorneys adeptly represents both plaintiffs and defendants across a diverse range of civil matters. A civil defense attorney plays a crucial role in various stages, including discovery, investigation, settlement negotiations, and potentially, representing clients in jury trials.
In the pursuit of a civil litigation claim, our civil lawsuit lawyers demonstrate creativity in their approach to discovery, diligently seeking evidence. This may involve scrutinizing any communication with the opposing party and meticulously reviewing financial documents for pertinent details.
The effectiveness of a civil lawsuit lawyer’s persuasive abilities is pivotal in presenting a compelling case for potential settlement outside the courtroom. Given the long and usually very public nature of the court process, settling the case beforehand is generally preferable.
At Nakase Wade, our civil litigation attorneys have a proven history of success in handling business disputes for both claimants and defendants.
For a complimentary legal consultation, reach us at 800-484-4610.
How Can a Civil Litigation Case be Resolved?
Judges strongly encourage both the plaintiff and defendant to seek resolution before proceeding to trial. This serves the best interests of all parties involved, saving them valuable money and time in legal fees. The following are the usual methods of achieving resolution:
- Settlement
A settlement is an agreement reached by both parties either during or before the trial process. This negotiation can occur until the moment a verdict is delivered. One party proposes terms for settlement, initiating a discussion for mutually agreeable terms. How strong a party’s case is can influence their negotiating power. Settlement terms can encompass monetary compensation, covering public apologies, damages, or other actions to make the plaintiff feel whole. The defendant might also specify conditions in the settlement agreement, such as a non-disclosure agreement or specific actions by the plaintiff for their protection. The settlement becomes legally binding only after both parties sign the agreement, after which the case cannot be re-filed. A skilled civil defense attorney can help their client come to a fair settlement to avoid a costly trial.
- Mediation
Mediation is a facilitated process aimed at achieving a resolution prior to trial. It is employed when the defendant and plaintiff are unwilling to consider settlement, or if there is a personal connection between them. Some judges may mandate mediation before proceeding with a civil case in court. An experienced mediator oversees the meeting, ensuring both parties have the opportunity to present their perspectives on the matter. While they cannot impose a specific resolution, they may propose potential solutions. Mediation often leads to successful outcomes, providing a platform for both parties to express any emotions that may be hindering resolution. A civil lawsuit lawyer can assist their client prepare for mediation.
- Arbitration
Arbitration is a more formal process, often mandated when the case involves sensitive or technical elements. Instead of a courtroom setting, the case is heard in a smaller tribunal, and the arbitrator’s decision carries legal weight. Certain contracts may include an arbitration clause, stipulating that arguments must be resolved through arbitration. A civil lawsuit lawyer can provide guidance on the arbitration process.
- Trial
If the above-described methods do not prove successful, the case may proceed to trial. Both parties must agree on whether the trial will be conducted with or without a jury. In most instances, a jury trial is preferred, as it involves deliberation by 12 individuals rather than one. However, a bench trial (without a jury) might be chosen for reasons such as privacy concerns or when specialized technical knowledge is required. Additionally, a judge typically delivers a verdict more expeditiously than a jury. It is worth noting that in California, the trial process can extend over a year or two, making it a less swift resolution method. If a case proceeds to trial, a civil defense attorney can represent their client in court.
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