It Never Hurts to Know a Good Litigation Lawyer Near You
Nobody wants to endure the hassle of a lawsuit. But, unfortunately, they happen to the tune of 40 million suits getting filed annually. Our litigation lawyers support Bucks, Montgomery Counties, and Greater Philadelphia clients.
They handle contested litigation, planning, and advisory matters for various business, employer, and nonprofit clients. In addition, our lawyers handle trials, hearings, appeals, and all pre-trial proceedings in federal and state courts and agencies in Bucks County, Montgomery County, Chester County, and the greater Philadelphia area.
Aside from advocacy skills, each litigation lawyer at our law firm is an advisor, negotiator, and problem-solver for clients. This training helps practice lawyers prevent and resolve disputes before costly litigation.
Types of Litigation Lawyers and Disputes They Handle
The first understanding of any litigation lawyer or litigator is that they have courtroom experience. It's a critical point of differentiation because even though a lawyer may practice the law, they may not appear in court routinely, if at all. Next, there are two types of litigation lawyers: criminal and civil.
Criminal litigators help defend clients who have been accused of wrongdoing. Conversely, civil litigators cover a wide range of potential disagreements or grievances between individuals or entities that require legal assistance to settle. For example, in February 2023, the government reported 26,851 new civil filings. Those filings related to personal injury, product liabilities, prisoner petitions, civil rights, contracts, etc.
Indeed, civil litigation covers many areas of the law. So many litigation attorneys specialize their practice in just one or a few areas. For example, our litigation lawyers have experience in:
- Contract disputes
- Restrictive covenants and employment disputes
- Personal injury cases
- Will and trust disputes
- Franchise disputes
- Class action lawsuits
- Real estate disputes
- Divorce, custody, and other family law disputes
- Banking and lending disagreements
- Worker's compensation disputes
- Construction disputes
- Patent law and intellectual property disputes
In addition, our lawyers have served as expert witnesses.
What You Need to Know About Litigation
It's important first to understand that litigation differs from a lawsuit. The latter represents a civil, legal dispute between a plaintiff and a defendant. Litigation, however, is the process the case goes through once filed. So litigation is a method for settling a lawsuit or legal dispute.
Make no mistake. Litigation can be a time-consuming process. Many trials don't happen before one year of the suit's filing. Once begun, some trials take years to conclude. The longer the litigation, the more costly the trial. Costs aside, trials can be stressful, damages are unpredictable, appeals can extend the outcome even longer, and trials are public unless sealed by a judge. In most cases, by some calculations, up to 95%, both sides agree to a settlement.
With that in mind, you need a litigation lawyer to navigate toward the best outcome. So, our attorneys assess the specifics of your case and calculate your risks based on the facts. We'll prepare a sturdy case if litigation is in your best interests. If not, we'll discuss a possible settlement and request favorable terms you can live with based on your personal goals.
Key Factors to Consider When Pursuing Litigation
There are cases where it makes perfect sense to pursue litigation. For example, many litigation cases revolve around breach of contract, employment, business disputes, real estate deals, and personal injury.
In determining whether to proceed or not, our litigation lawyers assess six key factors:
- Risk/Reward: Is what you will gain from litigation worth the cost it will take?
- Case Strength: An experienced litigation lawyer can analyze the evidence and assess your chances of winning.
- Options: Have other options like mediation or settlement been exhausted?
- Privacy: Are you willing to have details of your dispute go public?
- Judgment: Even if you win, can you collect? The opposition may often lack the necessary assets to pay you even if you win the decision.
- Appeals: If either side believes the pre-trial or trial process was flawed, several appellate rights are often available to correct the problem or require a new trial.
Our litigation lawyers serve you or your organization through skilled advocacy, practical advice, knowledge of the law, and, most importantly, your business or personal goals.
Stages of Civil Litigation
The process begins with an investigation to determine if grounds exist supporting a lawsuit. So, a litigation lawyer reviews witness statements and other evidence before filing a lawsuit. Once filed, civil litigation progresses through these steps:
- Pleading: The plaintiff files the suit, and the defendant files a plea with the court.
- Discovery: Information is accumulated regarding the case, including interrogatories, depositions, statements from expert witnesses, etc. During discovery, parties can request a litigation hold to preserve potentially relevant information when litigation is pending or reasonably anticipated.
- Pre-trial: At pre-trial, both litigation attorneys strategize with their clients, file motions on finalizing evidence, and prepare any witnesses for testimony.
- Settlement negotiation: As mentioned, 90-95% of cases end with a settlement. Doing so avoids the time and costs of a civil trial. Settlement often comes in monetary compensation and can happen anytime during the process. To settle, the parties may agree to alternative dispute resolution, mediation, or arbitration.
- Trial: The case proceeds to trial if a settlement cannot be reached. There, the litigation lawyers present their arguments before a judge and, usually, a jury. However, parties can opt for a "bench trial," where a judge decides the dispute instead of a jury.
- Appeal. Following a trial and verdict, the losing party can appeal the case. That happens if evidence indicates that the decision rendered during the trial was erroneous. Consequently, the litigation attorney for the appealing party will reexamine the evidence and determine which issues to push on appeal.
Find the Right Litigation Lawyer for Your Specific Concern
There are a lot of considerations surrounding litigation. And as mentioned, there are forms of litigation covering an array of disputes. So, first, get the right litigation lawyer for your specific issue. If your dispute revolves around a breach of contract, a litigator versed in contract disputes will serve you better than one versed in real estate concerns.
Our Bucks County and Montgomery County litigation lawyers can help you with any number of concerns. Their goal is to serve you or your organization through skilled advocacy, practical advice, knowledge of the law, and, most importantly, your business or personal goals.
We'll put that track to work on your behalf and get you the desired results. Whether it involves a lawsuit or settlement, give us a call. We have law offices in Doylestown and Norristown, PA.
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