Business Litigation – Protecting Your Rights

All small businesses should create entities to protect their exposure to civil liability in the form of lawsuits. When creating an entity, visit your Secretary of State’s website to learn about the filing requirements.  If the business is comprised of two or more people, a business dispute lawyer should be used for liability purposes. Liability purposes can occur when one “owner” assumes the responsibility of the filing. If disputes later surface, that owner is inescapably accused of arranging the filing in such a manner to create an advantage.  This practice typically falls under the Civil Law umbrella.

Civil Litigation Defined

Civil Law encompasses a large practice of the legal system, zeroing in on the financial repercussions and responsibilities arising from disputes between parties.  It does not pertain to criminal charges.  Often, disputes are settled prior to entering the courtroom.  A civil law attorney is well versed in the art of mediation and amicable resolutions.  According to Harvard Law School, civil litigation is defined as follows:

The term civil litigation refers to a legal dispute between two or more parties that seek money damages or specific performance rather than criminal sanctions. A lawyer who specializes in civil litigation is known as a litigator or trial lawyer. Lawyers who practice civil litigation represent parties in trials, arbitrations and mediations before administrative agencies, foreign tribunals, and federal, state, and local courts. Several common types of civil litigation include environmental law, housing law, products liability, intellectual property, labor and employment, and antitrust.

A civil litigation case can be extensive, going through various stages.  Below, Sally Kane (writing for The Balance), takes us through the process of a civil litigation case:

The Life Cycle of a Typical Civil Litigation Case

Civil litigation can be divided into several stages, including investigation, pleadings, discovery, pretrial proceedings, potential settlement or trial, and even appeal. Discovery is typically the longest and most labor-intensive stage of a case. Unlike the way they’re often portrayed on television, civil attorneys spend comparatively little time in the trial. Much of their time is devoted to the discovery stage — the exchange of information pertinent to the case through depositions, interrogatories, and subpoenas. The latter are demands for information or documents from third parties. Depositions and interrogatories involve questions posed under penalty of perjury to the parties in a lawsuit.

Not every lawsuit passes through each stage — in fact, most don’t. The majority of lawsuits are settled by agreement of the parties and never reach the courtroom. Parties can settle during a trial, even after a jury has begun deliberating or has delivered a verdict. They can settle or “stipulate” to some aspects of the lawsuit, leaving others in the hands of the judge or jury.  [Read entire article here…]

These are the main benefits of going to a civil litigation attorney over some of the other options you might have in

 front of you. Yes, there are many pathways you can take, but this is the ideal one for those who are serious about winning their legal case.  Don’t let matters get out of hand because it will only get worse from this point. It is smarter to think about a good fit that is going to make life easier.  A good civil litigation attorney can provide life-changing results, and that is what matters most.

While this article in no way should be used as a legal guide, it is important to note, that one should be educated when legal representation is required. Being an informed member of society, not only strengthens our communities, but aids in protecting our rights.