What You Need to Know about Litigation Law

Posted on: January 25, 2015

img_brd4If you are involved in a legal dispute and a lawsuit needs to be filed, a Arlington civil litigation attorney advises that your case will likely involve litigation law. Not every lawyer is a qualified litigator.

Demand Letters and Initial Negotiations

In a typical dispute, the parties will first discuss the matter directly and attempt to reach an understanding. If both parties cannot reach an agreement, then a Arlington civil litigation attorney advises you to retain an attorney. That attorney will investigate the case and send a demand letter to the other party. This letter describes what the other party must do to avoid legal action. Demands include payment of money, ceasing of certain activity or whatever the party believes to be fair compensation.

Filing a Lawsuit

When the dispute cannot be settled during initial negotiations, then one side will file a formal lawsuit.

Conducting Discovery

Discovery involves exchanging of documents, evidence and other information between the parties. Discovery is required and mandatory.

Motion

Both parties will review all they learned in discovery. At this time the defendant will most likely file a motion for summary judgment. This is an argument that the defendant is not responsible for any of the plaintiff’s allegations.

Trial

If the judge denies the motion for summary judgment, or one is not filed, then the case proceeds to a trial. Depending on the case, it will be heard in front of a judge or a judge and a jury.

Appeal

A jury trial can take weeks, and the losing party can file an appeal.

Whether your dispute is large or small, the help of an experienced litigator will make your case stronger. For more information on litigators and the lawsuit process contact Arlington civil litigation attorney Paul S. Schleifman  at (703) 528-1021.