Overview of Litigation, the types and the process
Do you know what is Litigation? In the simplest form, Litigation is a practice of bringing in a court to implement a specific right. This is the act of bringing a lawsuit in to resolve disputes before arriving in a court.
There are many litigation types: civil litigation, patent litigation, commercial litigation, complex litigation, and securities litigation.
• Civil litigation arises over a disagreement between parties over money. Civil litigation may be an order asking a specific act as performance.
• Patent litigation is a disagreement which has arisen from a breach of patent.
• Commercial litigation is a dispute over specific business transactions.
• Complex litigation includes complex case and legal management challenges. It involves extensive documentation, complicated legal issues, and involvement of several parties.
• Securities litigation refers to a disagreement over securities fraud. This can include a criminal counterpart.
What Kind of Lawyer Do You Need?
• People going through the process of litigation require an experienced litigation attorney. A trial lawyer may be used, but a litigation lawyer is required to handle the case right from the beginning. This is because he interviews the client and also handles preliminary matters, while conducting the trial. In case the litigation lawyer lacks essential trial skills, then the process can be handled by a trial lawyer.
• It is unwise to go through litigation without a lawyer. You need people to understand the steps, complex processes, issues, and deadlines, involved in the litigation. Whether you are sued or you enforce your legal rights, a litigation lawyer may walk you through the process of complicated litigation.
The litigation process follows a series of steps.
As the parties are into a legal dispute, arriving at an agreement without litigation lawyers is impossible. Even if one files a complaint stating the dispute facts, indicating specific damages, and laying out legal claims, there will be a demand letter sent stating the details to the other party.
At such time, the party receiving the demand letter is expected to respond within a certain time. Here the party may admit or deny the statement detailed in the complaint, counterclaim by filing, or file a motion dismissing the lawsuit to be unsupported by the law.
Thus, the originally filed party now has a chance to respond.
Once a verdict is given, the losing person can appeal to higher court for a review presenting the evidence of the trial, aiming to find legal error.
The higher court judge may confirm the verdict if errors are not found. If an error is found, a new trial begins.