Litigation is a frightening word, bringing to mind images of packed courtrooms with severe judges and juries just waiting to hand down rulings. The reality, however, is litigation is one of the most important protections that individuals have because it allows you to use the court system to resolve disagreements and disputes.
Whether you are a plaintiff or a defendant, you must be prepared for litigation, you must understand how to succeed in your case, and you must be ready to explore alternatives to litigation that could provide you with better outcomes. You also need a strong legal advocate on your side, as the litigation process requires technical knowledge of how to make the law work for you. Nehoray and Drake, LLP is here to help. Give us a call to find out how our legal team can assist you with litigation and to get answers to important questions including:
- What should I do if I am a party to litigation?
- Are there alternatives to litigation that I should consider?
- How does an experienced litigator help me?
What Should I Do if I am a Party to Ligation?
You may become a party to litigation by filing a lawsuit. There are many situations where it makes sense for you to sue in order to protect your rights or your company’s rights. For example, if someone is infringing upon your copyrights or if a former employee is sharing your trade secrets, filing a civil lawsuit can allow you to use litigation to pursue a remedy.
If you are going to be filing a claim as a plaintiff, you want to ensure that your case is a credible one. You should not waste time and money moving forward on inappropriate claims.
If you are named as a defendant, you do not get to determine if the claim is appropriate or not. If someone files suit against you, you must become involved in the litigation or you risk a default judgement (a judgement for the plaintiff by default since you did not show up to defend yourself). You will need to respond assertively and proactively to try to protect your interests as a defendant and to avoid an unfavorable outcome.
Both plaintiffs and defendants need to go through a discovery period to obtain evidence from the opposing party, and both need to do everything possible to prove their claims. Generally, the burden of proof is preponderance of the evidence in a civil case. This means that, unlike the beyond a reasonable doubt standard in criminal case, the jury can have doubts and still find for the plaintiff. As long as the plaintiff’s case is more likely than not to be true, the plaintiff can prevail.
To make certain you are able to collect evidence and put forth the strongest claim possible when you are a party to litigation, you should contact an experienced attorney as soon as possible for advice on trial preparation, trial strategy, and presenting your evidence.
Are There Alternatives to Litigation That I Should Consider?
While litigation is an important way to resolve disputes, it is not the only way. There are possible alternatives to litigation which can be better for everyone in certain circumstances, as compared with going to court. When the relationship must be preserved, such as when a company and its supplier are in a contract dispute, then alternatives like mediation can facilitate an amicable resolution rather than poisoning your relationship permanently through litigation.
Arbitration is also another alternative which can provide a more streamlined method of dispute resolution; which can put someone with industry-specific knowledge in charge of deciding the disagreement; and which can help to keep disputes private.
Both litigation and arbitration are considered methods of alternative dispute resolution (ADR). An experienced attorney can help you to evaluate whether ADR is your best approach to getting the most favorable resolution possible to your disagreement.
How Does an Experienced Litigator Help Me?
An experienced attorney at Nehoray and Drake, LLP can provide knowledgeable and assertive advocacy if you become involved in a case within the civil justice system. Our experienced litigators know how to follow rules of civil procedure to make the court system work for you. We understand the discovery process, can help you build evidence, have a network of expert witnesses, and can assist in making compelling arguments.
Whether you are a plaintiff or a defendant in personal or business litigation, we have what it takes to help you make the strongest arguments possible for your preferred outcomes. To find out more about how an experienced attorney can provide you with assistance when you become involved in litigation, give us a call.