FAQ All About Litigation

What is Litigation

Litigation can be defined as a case that is determined through the use of judicial action, or court process, rather than any out-of-court processes. It can also be used in reference to high conflict litigation (HCL) and does not automatically mean that it is a contest. Many parties are still able to resolve their cases without the need for a trial by consulting with litigation lawyers and agreement counsels to resolve their conflict through settlement.

What is Litigation Law?

Litigation law is the practice of law in connection with these specific cases, including all aspects: preparing pleadings, operating discovery procedures, conducting trials, appealing judgments, and arguing appeals. In many jurisdictions, these lawyers must be admitted to the bar in order to argue cases before a court and/or take part in these procedures, including filing briefs.

 Why Does a Case End Up in Litigation

There are many reasons why litigation may become necessary, and some of these reasons include parties who cannot come to an agreement on their own. Unwillingness by a party to abide by the results of litigation if they do not win. When one party feels that it is the only way to receive justice in a court of law. As well as, when it is required as part of a settlement agreement.

When does Litigation Take Place

The answer is at any time. Although, it is often best to file early on in order to protect your interests and rights. This is especially the case if litigation may not be your first choice as it can be lengthy. If it is necessary, it can take place at different points throughout a court case:

  • First, litigation must be filed in order for any ruling or judgment of the courts are enforced. This means it can take place during pre-trial proceedings when appearances must be made by both parties.
  • It can take place before a judge or jury as part of the trial process.
  • It takes place during post-trial proceedings where lawyers make motions for judgment.

Is It Expensive

Litigation is a costly way to settle disputes and these specific lawyers are expensive. The costs can add up quickly, which occurs when the attorneys file motions, make objections in court, negotiate settlements with opposing parties, and respond to complaints as well as appeals. This is why some parties will attempt alternative forms of dispute resolution before litigation.

How Long Will This Type of Case If it Proceeds Through the Court

It can last as long as parties are willing to prolong the process and litigation lawyers take the case. These types of cases often cannot be resolved quickly due to the proceedings that attorneys must follow. Which, is why it is important for clients with litigation on the go to have an update every now and then from their lawyers.

Additionally, since it is such a lengthy procedure to settle disputes, lawyers may suggest alternative forms of dispute resolution as a quicker and less costly approach.

How Are Litigators Helping Save Their Firms Money

One of the smartest and innovative ways litigators are saving their firm money is by switching over to digital. The company that has allowed this to be possible is MyLitBag. MyLitBag is an IOS-based app that allows lawyers to store litigation documents and binders on their divide. Each document or binder is password protected and sharing these legal documents is faster and cheaper for their firm. If you or your firm have any more questions visit the MyLitBag website and start your 7-day free trial today.

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