Legal Question in Business Law in California

Re: litigation process

What the litigation starts with a client coming to the attorney to complain about something. They have been injured or something is happen to to their property. There in the middle of constructing a house, buying a house, they bought a house, and there's something wrong. Their businesses is not operating properly in their problems with their competitors. Someone, somewhere is violating the law and it has a negative effect on the client. The lawyer listens, and thinks about how they can help solve the problem and in doing that may determine that litigation is necessary. The lawyer then prepares a document called a complaint which is in a legal form and filed with the Superior Court in one of the 33 counties in the state of California. Thus starts the litigation process. The opposing party or parties are served and they answer with a legal document or have a the ability to do other legal maneuvers before the answer is required. Thereafter before trial is the discovery process where each side has the right to legally obtain information which supposedly will help them prepare for the litigation and present evidence showing what either the other side did to cause a problem to your client or in the alternative what the defendants did or didn't do, dating in a problem and damage to them. That discovery process includes a face-to-face confrontation asking questions of the individuals called a deposition, asking written questions called interrogatories, asking for copies of documents relevant to the claims in a lawsuit, asking for certain facts to be admitted so that it can clarify the fact situation itself in determining the kind of claims that can represented in court. Ultimately a trial is held in the litigation process if settlement has not already been reached. The trial can be a court trial were only the judge presides and makes the determination or is a jury trial were anywhere from 10 to 12 people determine the liability or responsibility of the defendants in any given matter what the guilt or innocence if it is a criminal matter. So many different rules because of so many different kinds of procedures. So many technicalities because of so many different phases in litigation. So many time limits and requirements of mostly fulfill. There's the appellate process but we will not going to that.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

Re: litigation process

Yes, litigation means either filing or defending against a lawsuit, and often involves the lawyer going to court. Most often, the parties do not go to court until a settlement conference later on, or the trial. There are other times when the party is called upon to participate -- such as by giving a deposition (questions under oath in an office setting), answering a set of written questions, or assisting the lawyer by preparing declarations regarding facts that had occurred.