General Litigation Lawyers in Strathmore AB Putting Clients First
Litigation is simply resolving legal disputes through a lawsuit. These may be anything from contract disputes, property claims, car accidents, or any legal matter that could cause two people to disagree. While every lawsuit is different, and you should speak directly with a lawyer regarding your specific case, it is called ‘general’ litigation because it tends to follow a similar process every time it happens.
In this post, we’ll cover the basics of litigation for those uninitiated, including:
- Overall phases and discovery phase
- What it solves
- Desired outcome
- Benefits of a litigation lawyer
What Is Litigation?
The Phases of Litigation
While every lawsuit is as unique as a fingerprint, they tend to follow a similar trajectory:
- Plaintiff files a complaint, serves copy, and summons the defendant
- Defendant files answer and serves copy to plaintiff
- Both make an initial appearance before a judge
- Defendant files motion to dismiss, claiming the complaint is erroneous
- The judge sets a discovery schedule
- Each side files for a judgment summary, and the judge decides who wins based on the law
- Both sides present their case at trial before a judge, jury, or both
Some cases skip some of the steps, especially small claims. But you can count on the rest like clockwork.
What is the Discovery Phase?
The most crucial part of the litigation process is the discovery phase. This is when you can learn information that you may not have had before from the other side. Both sides present the facts of their case, meaning you may learn details to strengthen your argument.
Different lawyers treat discovery differently. They may ask the other side for documentation relating to the case for the lawyer to inspect. Like in a case where one person is suing for damage to a property, that person may be asked to show pictures of or produce the damaged item, where the defendant would be allowed to inspect for proof the damage had happened at another time.
A lawyer may also request the other party admit facts about the case or ask them a limited number of questions under oath. This may be asked to be brought to a deposition, where it is recorded by tape or with a court reporter present. A lawyer may subpoena documents from a third party not participating in the case, such as cellular records or bank statements.
What Disagreements Can Be or Tend to Be Litigated?
General litigation is the primary legal argument solution in the modern world. The limits to litigation are as varied as the disagreements people have. But some of the more common reasons for litigation are:
- Personal injury
- Real estate disputes
- Contract disputes
- Medical malpractice
- Insurance disputes
- Product liability
- Business disputes
As a lawyer, you can have a specific focus on any of the above practices, but a general litigation lawyer can help with pretty much any litigation. Think of the general litigation lawyer as your general practitioner. They don’t specialize in one particular field of law but can be helpful in many different types of cases.
What is the Desired Outcome of Litigation?
As with most disagreements, the most desirable outcome is to win. But how do you win litigation?
If you’re the plaintiff, you want to be given what the defendant owes you. Whether it is owed child support, compensation for damages, or just peace of mind after a heinous crime, you probably just want to achieve the goal you brought to court.
If you are the defendant, you want to prove to the court that you did not do what you were accused of doing. And you may wish for justice for having been brought to court on a charge you didn’t commit.
Why Do You Need a Litigation Lawyer?
The prospect of saving money tempts many people who try to save money by choosing to represent themselves during litigation rather than hiring the proper lawyer. While this is a perfectly legal thing, it isn’t advisable. Litigation is complicated and, when mishandled, can drag on for years. Lawyer fees may be expensive, but the court isn’t free. The longer a court case lasts, the more the court fees increase. You have a big chance of losing much more than the lawyer fee you were trying to save.
And that is simply the economic reasoning. A lawyer trained in any litigation can be crucial to formulating a strategy and helping you understand what you want to achieve and what evidence is necessary to do so.
Reasonable lawyers will not wish for you to empty your bank account. They will help you save money during the case because it is their job, and if they do it well for you, they will win a client for more issues to come.
How Do I Find the Right Lawyer?
The most essential step in finding the right lawyer to help you with your case is to set up an appointment to discuss the details. Just get in touch with one and begin asking them questions. The right one isn’t just going to fall in your lap. You have to meet with them and determine whether or not it is the right fit. Ask questions like, “have you participated in a lawsuit like mine?” or, “how much experience do you have in a live courtroom?”
Reach out to Getz Collins and Associates to set up an interview with one of our lawyers today. You can call us at (587) 802-3817.