Construction Law

The Litigation Process featured image

The Litigation Process

In the construction industry, when two parties are in the middle of an unresolved dispute, litigation may be your solution. It’s recommended to hire a Lakeland construction attorney to help you through the litigation process, as they will be your litigator. Your attorney will be by your side for the entire process, from filing and proceeding with the lawsuit to developing a litigation strategy.

Not only will your Lakeland construction lawyers stay by your side throughout the process of filing a lawsuit, they will advise you on alternative solutions. Your attorney will have had enough experience with litigation to know if your particular dispute might be better suited outside of the courtroom with mediation or arbitration.

Determining Your Case

To begin, your attorney will sit down and discuss with you your dispute. This needs to be done in order to determine whether or not there is enough evidence present to file or defend a lawsuit. During this time, your attorney will go over the advantages and disadvantages of litigation, and recommend any Alternative Dispute Resolution (ADR) methods they think might better help your case. If you and your lawyer decide to proceed with litigation, your attorney’s next step is to find witnesses for your case and take their statements. During the course of your case, your attorney will also investigate the dispute, write up pleading motions, collect any dispositions, and prepare for your pre-trial.

The Process of Pre-Trial

During pre-trial, you can expect your Lakeland construction lawyer to work with you on a strategy. During this time your attorney will hold pre-trial depositions of any experts or witnesses, draft and argue pre-trial motions, and prepare any trial exhibits.

The Trial Process

In most cases, a civil court lawsuit will be settled before the trial can even start. However, some cases do make it to trial, in which case your litigation attorney will work with the opposition to select a jury and present your case in court. During the trial you can expect your attorney to present the evidence to the jury, call the witnesses and experts to the stand, and present opening and closing statements. If the outcome does not reflect what you and your attorney hoped for, you have the opportunity to appeal the decision, which would require your attorney to draft a post-trial motion and gather any additional evidence.

What Happens in the Case of No Trial?

With litigation comes risk, causing some Lakeland construction attorneys to attempt to settle the dispute prior to the court case. To do so, your attorney will negotiate with the opposing parties to reach a mutual agreement. In some cases, a mediator will be brought in to help with the process.

If you are looking for an experienced Lakeland construction lawyer, please call us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.