A Basic Overview of the Business Litigation Process
Many individuals who are facing lawsuits are unaware of the process of business litigation, and they have several questions about how they should prepare. The below-mentioned process briefly outlines the basic process of business litigation to give clients an idea of what they can expect. You must keep in mind, that half the battle is choosing a reputable lawyer that understands your legal needs and represents your case to ensure you get the desired
outcome. Furthermore, they must ensure the litigation process is handled smoothly, thereby improving your chances of success.
The Four-Step Business Litigation Process
The process of business litigation usually involves four steps. It depends on the unique factual and legal complexities of each case, as well as the length, which will vary. Below mentioned are the four steps:
1. Consultation phase
This is the first step in the process where the client will meet with a lawyer and begin to discuss the facts of their case. The lawyer can help their client advance a claim against another individual or business or defend their client against a claim bought by another party. In either of the above-mentioned cases, the meeting should take place as immediately as possible. After the initial consultation, the lawyer can begin preparing for the case by reviewing the required documents, and gathering evidence by researching application laws. Once the initial consultation is done, the client along with the lawyer will file an initial pleading in court. During this period, both parties will disclose necessary evidence and information.
2. Discovery phase
During this phase, the following information will be gathered:
- Deposition: It is where one party will be asked to present an out-of-court oral verbal testimony.
- Written discovery: Where one party will have to answer written questions under oath.
- Document discovery: It is where one party will be asked to present documents and papers that are pertinent to the case.
3. Trial phase
In this phase, the case is ready to go to trial before a judge after all the necessary preparations are made. Each side will have a chance to rebuttal. The length of the trial can depend on the number of witnesses and exhibits, or on how complex the case is.
4. Post-trial phase
After the trial is completed, the post-action trial will take place. It will also include a motion for appeal as well as efforts to collect on the final judgement.
Handling your business litigation needs to be without any stress
The process of litigation can be very complicated and it involves extensive legal knowledge, including meeting strict deadlines. If you are considering filing a lawsuit, or if you are facing a lawsuit, you need an honest lawyer that can represent you. The business litigation lawyers at Orcus Law can represent you no matter how difficult your case may be. We will everything to ensure you get the desired outcome. Additionally, we can assist clients with legal matters involving business fraud, trademark infringement, breach of business contracts, franchise law and much more.