Although every case has its own unique qualities, normally litigation concerning corporate lawsuits or other types of business disputes follows a fairly similar process. As a client, you may not be completely familiar with litigation, but that’s why you hire a business attorney. A skilled business lawyer will guide you through the business litigation process while maintaining control of the pace and tone of the negotiations. During the consulting stages of your case, you should expect them to build a custom case plan that works with the following stages of business litigation:
Establishing the Case Plan
Once you’ve selected a business attorney, they will need all of the pertinent information for the case. They may decide to change the strategy you’ve been taking so far by changing the forum, entering motions, or whatever else helps them get your case off to a fresh and positive start. The more informative and proactive you can be as a client in this stage, the more efficient your litigation team will be in your case.
After your company lawyer has had the opportunity to pour through your case and do some research and planning, they will create a plan for the discovery stage of the litigation process. In this phase, you will need to discuss who needs to give a deposition. This applies to both witnesses and experts who can consult on the more technical details of the case.
During the run-up to the trial, the lead trial lawyer will handle hearings such as dispositive motions. They can act to delay the mediations or to get a priority hearing. In this stage, your legal team is making sure everything is ready to go to mediation, and they will use strategic motions to curate the ideal environment for your case.
Managing Settlement Opportunities
Once both parties are at the table and ready to deal, a skilled business attorney will seek authority and gain control of the negotiations. In other words, they show how sound your case is and how their case doesn’t hold up against it. Of course, they’ll also have the opportunity to fight for the upper hand. This is when quick thinking and smart negotiating strategies are important. During these meetings, there will often be a mediator to help move both parties along towards the goal of an out-of-court settlement.
If the case cannot be settled out of court, it will go to trial, but not before pretrial hearings! The last matters all need to be settled before the trial can begin, including where the trial will take place, whether or not a local lawyer will be taking the lead, and often, preparing the public with responsible press releases.
In order to save money, time, and hassle, it’s ideal to settle a case out of court. It’s often better for the reputation of the business involved as well. This is why business attorneys with effective litigation strategies rarely go to trial or settle short. They achieve the goals of their client during the litigation process. Whatever the outcome of the case may be though, a litigation attorney should be an informative guide and a passionate advocate for the needs of your business litigation case.