Civil Litigation

This post will go into detail about Civil Litigation, what it is, what happens when one party sues another and when all of this commonly occurs.

Preparation

Substantial preparation is required before entering civil litigation. The party bringing the lawsuit (the Plaintiff) will research and gather information to strategize and assess the case. If the party to be sued (the Defendant) anticipates litigation, it may take similar preparatory measures. Most of the preparatory work is performed by the parties’ attorneys.

Pleadings

Each party must file and serve initial papers, which are collectively known as “pleadings.” The Plaintiff will initiate the lawsuit by filing and serving the initial pleading known as the “compliant.” The complaint details the Defendant’s actions or inaction, the harm suffered by Plaintiff, the legal theory to find the Defendant responsible, and Plaintiff’s requested relief. The request for relief may include monetary relief, injunctive relief, or declaratory relief. The Plaintiff is not limited to one form of relief – all three can be requested, if appropriate.

The Defendant will file and serve a responsive pleading known as the “answer.” The answer will admit or deny the allegations set forth in the complaint. The answer will also assert and defenses or counterclaims that the Defendant may have.

Discovery

After service of the complaint, the parties will enter “discovery.” Discovery is a process in which the parties request and obtain useful information to prepare for litigation. Discovery may involve depositions, witness testimony, expert witnesses, and exchange of documents. Disputes often arise during discovery, which frequently require court intervention.

Motions

The parties usually make motions before trial. These pre-trial motions usually ask the court to rule on certain issues or take certain actions. There are two types of motions – dispositive motions and non-dispositive motions. A dispositive motion asks the court to dispose of all or part of the claim. All other motions are non-dispositive.

Trial

If the case does not settle, it will proceed to trial. At this point, the parties will present their cases to a judge. The parties may also present the case to a jury.

Both parties will begin trial by filing briefs, which are followed by opening statements. Then, each party will have the opportunity to present evidence and call witnesses in support of their position. After the parties present their cases, they will give closing statements. Finally, the judge (or jury, if applicable) will decide the case.

The Possibility of Appeal

If a party is unhappy with the outcome of the case, it will usually have the opportunity to file an appeal. However, there is no further level of appeal available after a case has been heard by the United States Supreme Court.

Hopefully this post gave you some more information about what civil litigation is. Stay tuned to our blog for more!

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source http://www.rickzimmer.com/civil-litigation/

Reasonable Contigency Fee

Many clients wonder what is considered a ìreasonableî contingency fee. A one-third fee is considered fair and reasonable for most cases. While the fee may be higher than one-third, a 50% contingency fee is generally considered to be too high. The reasonableness of a contingency fee depends heavily on your attorneyís cost-risk-reward analysis of your case.

The Attorneyís Cost Analysis

To determine a reasonable contingency fee, the attorney will estimate the costs involved in winning your case. The attorney will try to predict how many hours will be required to win your case, how much research will be involved, and whether the case is likely to settle or go to trial. The attorney may also consider whether taking your case will require the attorney to decline other work.

The Attorneyís Risk Analysis

The attorney will also analyze the risk involved in taking your case. The attorney will look at the merits of your case to determine your chances of success at trial or a in settlement negotiations. To do this, the attorney may focus on any weaknesses in your case, your credibility, the relevant law, and the outcomes of similar cases.

The Attorneyís Reward Analysis

Finally, the attorney will analyze the potential reward involved in taking your case. To do this, the attorney will estimate what your case is worth by predicting the money damages at stake.

The two types of money damages include ìcompensatory damagesî and ìpunitive damages.î Compensatory damages compensate the plaintiff for actual losses, while punitive damages are awarded to punish the defendant. Depending on the circumstances of your case, compensatory damages will usually include recovery for economy loss, including:

-Loss of earnings
-Medical expense
-Property damage

Compensatory damages may also include recovery for non-economic loss, such as:

-Emotional distress
-Pain and suffering
-Loss of consortium
-Defamation
-Disfigurement

Punitive damages are rare. They usually are only awarded where the defendant acted intentionally or egregiously, or the defendantís actions were extremely harmful.

The Attorneyís Determination of a Reasonable Contingency Fee

After balancing the cost, risk, and potential reward involved in taking your case, the attorney will determine a reasonable fee, which may range from 20% to 50%. Generally, a one-third fee is fair and reasonable for most cases. If the fee is higher than one-third, it is likely because the attorney assessed extremely high risks and costs involved in taking your case.

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source http://www.rickzimmer.com/reasonable-contigency-fee/