Many people who are facing lawsuits are unfamiliar with the process and
have questions about how they should prepare. Below, we have briefly outlined
the basic process of litigation to give our clients a general idea of
what they can expect. Remember that half the battle is choosing a qualified
and reputable attorney to represent your case. They can help ensure each
of the steps are handled smoothly, improving your chances of achieving
a successful outcome.
The Four-Step Litigation Process
The process of litigation usually involves four phases. Depending on the
unique factual and legal complexities of each case, the length of each
phase will vary.
Consultation phase. The first step in the process is for the client to meet with an attorney
to begin discussing the facts of their case. The lawyer can help their
client advance a claim against another party or defend their client against
a claim brought by another party. In either case, this meeting should
occur as soon as possible – any delays may cause the client to lose
valuable rights and may cost them the case. After this meeting, the lawyer
can begin preparing for the case by reviewing relevant documents, researching
applicable laws, and gathering evidence.
Filing phase. After the initial consultation, you and your lawyer will file an initial
pleading in court. During this phase, the discovery process is conducted
to disclose information and evidence between both parties.
The discovery process gathers information through:
Depositions, where the other party will be asked to give out-of-court oral testimony;
Written discovery, where the other party will have to answer written questions under oath; and
Document discovery, where the other party will be asked to provide certain documents and
papers relevant to the case.
Trial phase. The case is ready to go to trial before a judge after all preparations
are made. Under our legal system, the plaintiff has the burden of proof,
so their case will go first. This will be followed by a response from
the defendant. Each side will have a chance to rebut the evidence presented
by the other side. The length of the trial can vary depending on the number
of witnesses and exhibits, or on the complexity of the case.
Post-trial phase. After the trial, post-trial actions can take place, including motions
for appeals and efforts to collect on the final judgment.
Handling Your Business Litigation Needs for Over 15 Years
Business litigation can be a very complicated process involving strict
deadlines and extensive legal knowledge. If you are considering filing
a lawsuit, or if you are facing a lawsuit from another party, you need
a lawyer with honesty, integrity, and experience to advocate on your behalf.
The Los Angeles business litigation lawyers at The Mirkhan Law Firm have
achieved repeated success in seemingly “unwinnable” cases,
so you can be confident that, no matter how difficult your case may be,
we will do everything in our power to bring justice to your case. We are
available to assist with legal issues involving business fraud, contract
interference, trademark infringement, breach of business contracts, franchise
law, and more.
For help with your litigation issues, please contact The Mirkhan Law Firm
today to schedule a
consultation: (877) 405-1971.