The litigation process can be challenging for an individual but gets even more complex when it involves a business. This is why companies hire a business law attorney to help with their cases. At Law Offices of Torrence L. Howell we are happy to answer any questions you have about the process – just give us a call at (909) 920-0908. In the meantime, you can keep reading to learn about the four basic steps involved in most business litigation.
Note that not all business litigation will involve these four steps. When all four steps are involved, the amount of time each one will last varies based on a number of factors. We can go over what to expect with your specific case when you call us.
Step 1: Consultation
The first step is for the company to consult with an attorney and discuss the facts of the case. What will be covered will depend on several things, including whether the client is planning to file a claim against another party or if they have a claim brought against them and need help defending it. Either way, the best time to meet with a business law attorney is sooner rather than later. Losing time can result in costly delays and valuable rights.
After you have met with your attorney, they will begin to review all relevant documents to prepare for the case. At Law Offices of Torrence L. Howell we will look at all applicable laws, gather evidence, and speak to our own expert witnesses when necessary.
Step 2: Filing and discovery
Once we have a good idea of what the case involves, we will file necessary documents. If you are bring the case against another party then this will likely involve filing the lawsuit. If you are responding to a lawsuit brought against you then it may involve a response to the lawsuit filed against you.
The discovery process is also part of the filing process. This is the point at which we will request information from the other side. Evidence will be traded between both parties so that there are no surprises at the trial phase. Evidence can be gathered via deposition, written discovery, and discovery documents.
This is also the point at which both parties may sit down and try to come to an agreement without going to trial. However, if the other party is not willing to compromise on a reasonable agreement then your attorney will take your case to court.
Step 3: Trial phase
After all preparations are made, the case goes before a judge. The plaintiff has the responsibility of proving their case so they go first. The defendant’s attorney then responds to the evidence that has been presented against them. Each side also gets one chance at rebuttal to respond to what the other side has said.
Step 4: Post-trial phase
After the trial has been decided, post-trial actions such as appeals and collections on the final judgment can take place.
When you work with Law Offices of Torrence L. Howell we will be there for you from step one through to the end. Call us at (909) 920-0908 to get the process started.