Civil litigation is the result when two or more parties involved in a legal dispute seeking money or other specific performance. One of the parties may find the need to file a lawsuit, head to the courtroom for a trial by a judge or jury for a determination of the matter.
Civil litigation can be divided into several stages. For the plaintiff, it involves initial investigation and drafting of pleadings, such as summons and complaint. For the defendant, it involves response to the complaint, such as answer, demurrer, motion to dismiss, motion to strike, etc.
The next stage is the discovery phase. It involves the exchange of information through depositions, request for production of documents, interrogatories, request for admissions, and subpoenas. Deposition are questions posed orally under penalty of perjury by an opposing counsel. Other discovery are written questions or requests posed under penalty of perjury to the parties.
The next stage is the pretrial proceedings, consists of variety of motions, Order to show causes, etc. Motion to compel discovery, motion for summary judgment, etc. are the common ones you often see in the proceedings.
When the discovery is completed, parties may be inclined to commence settlement discussion. Mediation, arbitration, or mandatory settlement conference are processes that attempt to guide the parties toward settlement without the time and expenses of going to trial.
When the lawsuit cannot be settled by agreement of the parties, parties are headed to a trial. Cases can also be settled before, during, or even after a jury has begun deliberating.
Not every lawsuit passes through each stage. In fact, the majority of lawsuits are settled by agreement, mediation, and never reach the courtroom.
TYPES OF CIVIL LITIGATION
Civil litigation encompasses a broad range of disputes. The types of dispute our firm routinely handles includes, but are not limited to the following:
Employment and labor disputes
Intellectual property disputes
Medical malpractice claims
Breach of contract claims
OUR LITIGATION TEAM
Our litigation team processes essential skills and knowledge necessary for a successful litigation practice. The team consists of Kelvin Y. Lo, Esq., Mikhail Liberzon, Esq., Jonathan J. Lo, Esq. and supporting paralegals and assistants. Both Kelvin and Mikhail were editors of law reviews at Loyola Law School, combined with years of practical experience as law clerks and attorneys, they processes strong written advocacy skills, analytical and logical reasoning abilities, superior research abilities of substantive and procedural law, and the ability to synthesize complex legal and factual materials.
Not every case goes to trial, that’s why the team must also have strong negotiation skills. Our team is aggressive in litigation but at the same time understanding the goal is trying to reach the best results for our clients. Reaching a settlement is most often the best outcome for the clients because of the savings of costs and expenses for the trial coupled with uncertainty presented at trial.
Please refer to their biographies for a detailed descriptions of their accomplishments in terms of settlements and trials.