Civil Litigation Process
Each litigation journey is unique, with its own set of defining steps that lead to trial. Our dedicated team is prepared to guide you through every phase.
We begin the process with a comprehensive consultation, discussing the specifics of your situation and evaluating the strength of your potential claims. We carefully gather relevant information, potentially consulting with experts to strengthen your case. Where possible, we’ll explore the potential for early resolution to avoid the time and expense of a full trial.
If no early settlement is reached, we formally initiate the lawsuit by filing a complaint with the court. The defendant then files an answer or motion to dismiss, which may include counterclaims if applicable. During this phase, we’ll also participate in case management conferences to establish the timeline and procedures for how the case will proceed.
Discovery allows both sides to exchange relevant information and evidence. This typically involves document requests, written questions under oath (interrogatories), and depositions (recorded interviews with witnesses). Expert witnesses may be consulted to offer specialized opinions and reports to support your case, especially in complex matters.
With a thorough understanding of the facts and evidence, we will make a formal attempt to negotiate a settlement with the opposing party. Reaching a settlement at this stage can save significant time and expense compared to proceeding to trial.
If a settlement cannot be reached, the case will go to trial. Our skilled litigators will represent you before the court, presenting evidence, examining witnesses, and arguing your case. At the trial’s conclusion, the judge or jury, depending on the case type and preferences, will issue a decision and court order. Trial lengths can vary significantly depending on the complexity of the case.
Once a judgment is reached, we will work to ensure its terms are fulfilled. This might involve collecting awarded funds or facilitating other agreed-upon outcomes. Please note that appealing or enforcing a judgment may require additional legal action and separate fees.
Frequently Asked Questions
What does a civil litigation lawyer do?
Civil litigation lawyers handle non-criminal disputes between individuals, businesses, and organizations through possible settlement, mediation, or trial. As a plaintiff-side firm, we advocate for those harmed – individuals injured, bereaved families, and communities impacted by systemic wrongdoing. We hold corporations, governments, and individuals accountable, aiming to secure just compensation for our clients and drive changes to prevent future harm.
Can I file a lawsuit at any time?
Massachusetts has strict deadlines for filing lawsuits, known as the statutes of limitations. These deadlines vary depending on the type of case, so it’s important to consult with an attorney as soon as possible to understand your rights and options. Missing a deadline could jeopardize your ability to file a lawsuit altogether.
How long does it take to file a claim in court?
The length of time it takes to file a lawsuit in Massachusetts can vary depending on several factors, including the complexity of the case, the court’s docket, and whether the other party contests the lawsuit. While we cannot provide an exact timeframe without evaluating your specific case, we work diligently to move cases forward as quickly and efficiently as possible.
What is our approach to litigation?
How do we adapt to clients’ legal needs?
We use a market-leading litigation model as a small and agile law firm. This involves right-sizing matters across our talented legal team and temporary staff attorneys. We strategically use contract attorneys to meet specific needs at various times, allowing us to remain flexible and adjust team sizes according to the demands of each case.
What are our fee arrangements?
We offer custom fee structures tailored to align with our clients’ goals, including contingency, success-based, flat-rate, and hybrid models. Clear communication and regular check-ins help meet expectations and track progress effectively. We collaborate closely with clients to set benchmarks, revisit them regularly to monitor progress, manage fees, and provide continuous updates to maintain efficiency.
