Litigation is a complex process with a simple definition. It refers to the process of taking a dispute to the court. However, the process is not as simple as it seems. It involves all the proceedings two opposing parties go through when trying to enforce or defend a legal right.
The litigation attorneys, also known as litigators, manage all phases of the litigation, starting from investigation to the final settlement. One can find the best law firm in Dallas that comprises litigation attorneys, who have long years of experience in dealing with the most complex cases.
Anyone looking for litigation attorneys in Dallas should have a basic idea about the four phases of litigation. It will help them to rethink whether they would like to settle their legal matter outside the court before it enters the litigation process. Here are the four phases of litigation explained.
The Four Phases of Litigation
1. Pre-Litigation Negotiations and the Filing of the Lawsuit:
Pre-litigation is a legal process that takes place before a lawsuit is filed. Some pre-litigation contracts involve both the opposing parties, who often try formal negotiations or mediation. In this phase, the injured client meets the lawyer to discuss the litigation process. The lawyer prepares a mediation statement, and accordingly, a petition is initiated, which contains a summary of facts related to the case. Based on the petition, a lawsuit is produced to court.
2. Post-Filing and Discovery:
Once a petition is filed, the lawyer sends a copy to the defending party. Now, the defending party is supposed to answer or file another document with the Court. The file usually contains a motion to dismiss the case. As soon as the defending party files the answer, the discovery phase starts. It begins with written requests for information from each side of a court case. In this phase, the attorney and both the parties can request the Court to determine the parameters of entitlement. During this phase, depositions may also take place. One should contact the best law firm in Dallas to ensure proper and thorough evaluation during the discovery phase.
3. Summary Judgment, Mediation, and Trial:
In this phase, the attorneys can petition the Court to make decisions about specific portions of the case. They can also seek more time for discovery. Before proceeding to trial, the Court may require the parties to make a formal attempt at settlement. On mediation day, both the parties with their attorneys meet and try to reach an agreement. If they can agree, the case gets settled and resolved. Otherwise, the case proceeds to trial. At trial, the most tiring phase, the parties give opening statements, call witnesses, and present evidence to accuse or defend. Based on the evidence, the jury reached a verdict in favor of one party.
4. Post-trial and Appeal:
After the judgment, certain motions may be filed by the parties. It can be a new trial, which can delay the time for filing an appeal. When finally the time for appeal comes, the injured party appeals to the Court. Once all appellate procedures are followed, the case is closed.
The above phases contain various other steps that a litigation attorney can explain. To know about the phases of litigation cases in more detail, one can consult the best law firm in Dallas.
Top-Rated Litigation Law Firms
1. Potts Law:
The Potts Law firm, LLP is a well-known law firm that specializes in personal injury lawsuits. The experienced lawyers at Potts Law have handled a wide range of cases related to commercial litigation. As a specific field of law, it deals with business transactions or business disputes. Anyone facing a dispute with a business or a transaction issue with a client can find a commercial litigation attorney from this reputed firm. Apart from commercial litigation, this law firm solves automobile defects, construction law, employment law, defective drugs, and crime survivor cases- to name a few.
2. Burdette & Rice:
A team of seven attorneys, Burdette & Rice serves in Dallas and Fort Worth areas. The attorneys from this firm are specializing in civil litigation cases. Some of the focus service areas they have covered so far are trust and guardianship disputes, estate planning, and probate administration. Anyone facing such issues can contact Burdette & Rice for consultation. The attorneys are known for resolving conflicts by way of strong negotiation.
3. Cowles Thompson:
With more than 35 years of experience in business and commercial litigation, this law firm presently comprises skilled civil litigation attorneys in Dallas. Apart from commercial litigation, the attorneys at Cowles Thompson have covered numerous estate planning, real estate, sports and entertainment, and family law cases. The attorneys have an association with forums like Legal Aid of Northwest Texas, The Human Rights Initiative, and The Promise House of Dallas.
4. Deans & Lyons:
With an extensive experience in business disputes, Deans & Lyons stands as one of the reputed law firms in Dallas. This law firm has experience in solving professional and product liability, fraud, wrongful death, personal injury, and other complex cases as well. The attorneys have also dealt with employment law, intellectual property rights, oil and gas, and construction litigation cases. Deans & Lyons has a bunch of trial lawyers from well-respected law firms and academic institutions nationwide.
Conclusion:
Having some insight into the process of litigation helps an individual to take better preparation before filing a lawsuit. The above four phases make a litigation process complete. Anyone going through the litigation process needs a well-experienced litigation attorney. One can find the best law firm in Dallas that deals with civil and commercial litigation, depending upon the area of dispute.
One can also consult an additional trial lawyer during the trial, but a litigation lawyer should be the first choice. A litigation lawyer handles the case from the beginning. The initial interviews and handling of the preliminary matters can be taken care of by a skilled and experienced litigation lawyer. Consulting a well-experienced litigation lawyer can help individuals win the most complex cases with confidence.