How Complex Is the Process of Business Litigation

Posted by Tim Scott on April 27th, 2020

Business litigation or commercial litigation is an area that comprises different kinds of disputes, which arise in a business. The cases include breach of contract, class actions, enterprise and partnership disputes, civil litigation, business torts, and shareholder litigation. In business litigation, both parties have claims as well as defenses compared to consumer litigation wherein there are a plaintiff and a defendant.

Business litigation can happen in a large variety of forums because most business litigation happens in an agreement or a contract and the parties can be in federal courts, state courts, administrative hearings, or private arbitration.

The phases of the litigation process
The litigation process includes four phases. Depending on the legal complexities and unique facts of every case, the length of every phase will differ. The business litigation process includes the following steps:

  • Consultation phase
    In the first step, the client meets with a business litigation lawyer Boca and discusses the facts of the case. Construction lawyers defend their clients against any claim brought by a party. At times, they also help a client advance a claim against some other party. In both cases, the consultation should happen soon because a delay can cause the client to lose valuable rights and can cost him a case. Post this meeting; lawyers began preparing for this case. They review relevant documents, gather evidence, and research applicable laws.
  • Filing phase
    After the primary consultation phase, you along with your lawyer file a pleading in court. In this phase, lawyers conduct the discovery process for disclosing information as well as evidence between the parties. In the discovery process, information is gathered through:
    1.    Depositions – Here, the other party shall be asked to provide oral testimony out-of-court.
    2.    Written discovery - The other party answers questions under oath.
    3.    Document discovery - The other party is asked to provide papers and documents related to the case
  • Trial case
    The case goes to the judge for a trial after all the preparations are made by a business litigation lawyer Boca. Under the legal system, the plaintiff needs to prove and so, his case does go first. This gets followed through a response given by the defendant. Every party will get an opportunity to rebut the evidence offered by the other party. The trial’s length shall differ depending on the number of exhibits and witnesses, or depending on the complexity of a case.
  • Post-trial phase
    After the trial, the next phase is the post-trial action phase that includes motions for efforts and appeals for collecting the final judgment.

The complexities of business litigation
Business litigation may be a complex process including extensive legal knowledge and strict deadlines. When you face a lawsuit filed by another party or when you file a lawsuit, you should look for an attorney with integrity, honesty, and experience. You should opt for lawyers who have won business litigation cases including a business litigation lawyer Boca. He will help you with legal issues that involve fraud, trademark infringement, contract interference, and many more.

Tim Scott

About the Author

Tim Scott
Joined: December 23rd, 2019
Articles Posted: 12

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