Civil Litigation Attorneys in Kingston Helping You Take Control of Your Case
When most of us consider or imagine ‘the law’ in action, civil litigation is likely to be one of the first things to come to mind. The traditional image of a pair of attorneys battling it out in an adversarial courtroom setting is one which is familiar to all of us. Being a participant in a real life scenario, however, can offer a very different perspective.
A civil litigation attorney is your voice in court, and so it is important that you select a legal team with a strong background in representing individuals. Here at our firm, we work tirelessly to help you secure the outcome you deserve, and have extensive time-earned knowledge in many areas of civil litigation.
What Do Civil Litigation Attorneys Do?
The job of a civil litigation attorney is to represent either the plaintiff or the defendant in a legal dispute which takes place between two or more parties, each of whom are seeking compensatory damages, equitable relief, or specific performance, as opposed to punishment via a criminal prosecution.
There are crossovers between different areas of legal practice however; alleged victims in criminal cases will also often file a civil lawsuit, while some criminal cases, including those surrounding fraud, will be pressed during the course of a civil lawsuit. This ‘grey area’ can be challenging to navigate, and so it is crucial that you have a reliable attorney; here at Davis Law Firm, we have a wealth of practice in dealing with the criminal/civil crossover.
What May Be Included In Civil Litigation?
Civil litigation can cover a range of areas, including but not limited to:
- Misrepresentation and fraud cases
- Civil Suits which relate to criminal allegations
- Personal injury claims
- Racial discrimination claims
- Breach of fiduciary responsibility
- Breach of contract
- Employment discrimination
- Copyright infringement
What Is The Process?
Before a civil litigation case hits court, there are a range of steps and checks to undergo; a qualified litigation attorney will be able to work with you at every stage to ensure that nothing is missed from the list.
- The Initial Case Investigation: Before filing a lawsuit, a litigation attorney will usually conduct an initial case investigation; this helps to determine whether there is enough evidence present to build a case. For plaintiffs, the attorney will see whether a lawsuit can be filed; for defendants, the focus is on finding evidence to defend a potential lawsuit.
At this stage, the process involves locating and identifying witnesses, including taking statements. The attorney will also need to gather all necessary documents, investigate all the facts, and make sure that the picture is clear before deciding to proceed. At this stage, there may also be a pre-litigation settlement discussion, to try and resolve the matter prior to the filing of a lawsuit.
- Drafting Pleadings: A range of motions and pleadings will need to be filed with the court; one from the plaintiff to initiate the lawsuit, and answers and counterclaims from the defense. Attorneys will also work to draft pretrial motions; there may be moves to strike or dismiss evidence, or change details about the trial, such as the intended location or date. In some cases, there can be motions filed which request judgements on the basis of the pleadings; this eliminates the need to go to court.
- The Discovery Process: At this point, all relevant and necessary information must be disclosed between parties. This can be achieved in a range of ways:
– Interrogatories – this comprises a series of written questions, which the other party is required to answer in writing. These answers are given under penalty of perjury
– Depositions – these can involve oral questions, answered under oath in an office setting
– Requests for documents in possession of the other party
– Requests for admission – this involves asking the other party to deny or admit to certain aspects of the case in writing, under oath
– Examination of physical evidence and analysis of information – this may be outsourced to experts in the fields
Discovery related motions can be drafted and argued; these compel the other side to respond to discovery requests within a certain period of time.
- Pre-Trial Tasks: Just before trial, both parties will need to complete the discovery process, and begin preparing for court. This stage includes retaining expert witnesses, attending any relevant pre-trial conferences and developing trial strategies, as well as conducting pre-trial depositions and preparing any demonstrative evidence. Pre-trial motions will also need to be drafted and argued.
Attempting A Settlement
Wherever possible, attorneys will attempt to agree on a mutual settlement which benefits both parties; this eliminates the time, effort and expense involved in taking a case to court. A settlement can take place at any time during a lawsuit, and can help everyone reach an amicable conclusion.
How We Can Help
As you can see, there are a lot of issues involved in civil litigation, and it is crucial that you have an experienced, motivated, and reliable legal professional by your side at every stage of the process. Here at Davis Law Firm, we have been representing clients across Kingston and beyond for a number of years, and have the skills to help you when you need it the most.
Let us help you. Reach out to us at (865) 354-3333.