As a litigation lawyer, we help people that need assistance in court. There are many different types of attorneys and something to keep in mind is that only a portion of them will represent clients in court. The rest will handle legal proceeding like contracts, negotiations, or represent people going through mediation or arbitration. When looking for an litigation lawyer, we recommend that you call our office to schedule a consultation and be sure to hire someone that can represent you, regardless of the direction that your case takes.
Going to court and preparing for trial can be both challenging and overwhelming, especially if you have never done so in the past. We find that the more our patients know, the more comfortable they become with the process. With that in mind, here are some common terms that you may hear as part of litigation.
- Complaint. If you are filing a lawsuit, the complaint is your official written document that is filed with the court. It explains your reason for bringing the suit and who is named in the suit.
- Plaintiff. When you sue someone, you are the plaintiff. For example, if you were in a car wreck and wanted to sue the driver that hit you, you would be the plaintiff.
- Defendant. The defendant is the person that is being sued. In the example above, the driver that hit you would be the defendant.
- Discovery. This is the process we go through in order to learn more about your case and to gather evidence. The discovery process is necessary for building your case. As part of the process, we may request the other party completes interrogatories (written questions) or that certain documents are produced. The information that we obtain from these documents can help to build the case and in preparation for court. Depositions may also take place a part of this process. If you are deposed, you will be asked questions by the other attorney under oath with a court reporter documenting what is said. We will be there to ensure that the questions pertain to the case and that they are not beyond the scope of what should be asked.
- Arbitration. In some cases, arbitration is preferable to going to trial. In arbitration, your case is presented to what is normally a retired judge. They hear the evidence and arguments from both sides and make a ruling. The difference is that there is no jury, the process is faster and less expensive. Using arbitration can reduce or eliminate your ability to appeal so you must cautiously make the decision of whether or not to engage in this process.
- Hearing. We may want to go before the judge prior to the trial starting. In this case, we would request a hearing in order to address something specific that cannot wait until the trial starts. We will be asking for a ruling that may or may not be upheld when the trial is complete.
To learn more about the process of going to court or how we can help you, call and schedule an appointment to speak with a litigation lawyer.