Saturday, 12 October 2013

Taking The Complexity Out Of Complex Civil Litigation

Posted by Unknown at 13:23
By Megan Landry


Every person ever born has specific rights imbued within them by whatever creator they believe in. In the world of mankind, society has passed laws to protect people from each other and themselves. Criminal law deals with right and wrong. Civil law deals with everything criminal law does not. While it is complicated, complex civil litigation when broken down is something everyone can understand.

Most civil law is used to resolve noncriminal disputes, meaning disagreements with the phrasing on contracts, child custody and divorce, property ownership conflicts and damages to real and personal property. Civil litigators are the individuals that contend with the various lawsuits which involve the government, business, and individual. They advise and protect the people they are hired to represent in legal proceedings.

Some cases are easy and can be finished without too many outside issues. Like cases that are dealing with property damage, lost wages or disagreements regarding simple contracts. With them there are often just a few parties involved with a single claim. The final goal when suit is brought for damage is simple to ascertain and easy for courts to implement.

Complex litigation is generally a specialized list of cases involving various civil suits. Generally when these cases are brought to court, they are heard by one judge from the start of the case to the end of the case. To qualify for this designation a case must involve multiple parties, larger sums of money, longer trial periods and several complex legal issues.

Many cases can be easily broken down to 7 distinct stages. They are investigation, pleadings and the discovery which is the early stages before the trial. Pretrial, trial and the settlement are the main bulk of trail proceedings. The last, appeal stage happens when the trial is over and may be perused by each party.

Not all suits follow every stage of litigation. Some get settled before going to trial and avoid costly expenses. Some are not appealed after they go to trial. Ultimately all cases are different even though they often follow similar courses through the court. The feel of most cases often dependent on how the lawyer thinks feels it will go in court and if a jury or a judge decide the verdict.

The average lifespan of many cases will often range from a few months to many years. Typically complex cases could take years to go from investigation to trial or settlement stage. The discovery stages are generally the longest and labor intensive stage of most cases. It is generally the most vital as well, during this part all the case information is found which supports each sides claim.

Even though TV portrays most trial lawyers as spending most of their time in court during the trial, this is not really the complete truth. When trying complex civil litigation suits most of their time is spent on discovery. Even though the news reports on cases that drag out for many years this is a rarity, the average case will only last 4-6 months.




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