Litigation Attorneys

Our litigation attorneys will take time meeting and advising you to learn about your case. An initial case investigation will be conducted to gather all specifics of your case. This will be completed through locating witnesses, taking witness statements, gathering necessary documents, interviewing you, and investigating facts leading up to the dispute. There are also instances where the litigation attorney assigned to your case may be in contact with the other party or their attorney in an effort to amicably resolve the matter prior to litigation.

Various pleadings and motions must be filed with the court for the plaintiff and defendant once a lawsuit has been submitted. The litigation attorneys at CJB Law are familiar with both types of cases. If you are the plaintiff, the litigation attorney assigned to your case will begin the lawsuit by drafting and filing both a complaint and summons. If you are the defendant, the litigation attorney assigned to your case will draft an answer and any necessary counterclaims or affirmative defenses.   In some cases, if the facts fail to allege legal claim, it may be necessary for our litigation attorneys to file a motion to dismiss the plaintiff’s case prior to ever filing an answer.

During this stage of a lawsuit, our litigation attorneys will work to exchange all relevant information between parties to gain proper knowledge, identify issues, and further develop the facts of the case to represent you in court effectively.

• Interrogatories: A series of written questions are prepared and served to the other party. The other party must answer these questions in writing, and the answers can then be used in court if the other party changes their story.
• Depositions: The other party is asked a series of oral questions out of court. Depositions are answered under oath and used in the trial should the other party fail to appear in court or change their story.
• Requests for Production of Evidence: The other party is asked to make any physical evidence available that might be relevant to the lawsuit, such as letters, receipts, or contracts. An e-discovery professional may also be hired to help the litigation attorney assigned to your case gather and analyze electronically stored information (ESI) from the other party.
• Requests for Admission: In an attempt to save time and reduce the number of issues, the litigation attorney assigned to your case will ask the other party to admit or deny specific facts of the lawsuit both in writing and under oath.
  
  

The weeks leading up to trial is the time when our litigation attorneys are tying up loose ends, finishing the discovery phase, and preparing for trial to represent you in court effectively. During the pre-trial preparation, the litigation attorney assigned to your case will be working on the following:

• Participate in pre-trial meetings
• Fine-tune a trial strategy based on provided facts and evidence
• Arrange evidence for exhibits during trial
• Direct pre-trial depositions of experts and key witnesses
• Draft and prepare pre-trial motions to be argued in court
  
  

Given the circumstance that your case proceeds to trial, it is the responsibility of our litigation attorneys to represent you effectively. A trial strategy will be established to maximize the chances of prevailing in your case. Strengths and weaknesses will be identified, and persuasive arguments will be prepared. Some cases are tried to the court without a jury.  Other cases are tried to a jury. At the beginning of a jury trial, a process known as “voir dire” will occur where the jury members are selected. Once court proceedings are underway, the litigation attorney assigned to your case will navigate all necessary actions from presenting your case to the court or jury, including making opening and closing statements, presenting any relevant evidence, examining and cross-examining witnesses, and arguing motions.

Many cases don’t reach trial due to the parties negotiating to come up with a reasonable settlement outside of court. Ultimately, whether to proceed to trial is the client’s sole decision.  You expect and will receive excellent guidance and recommendation from your attorney throughout your litigation process.  Based upon our best information, advice and recommendations,  should you feel a trial is unnecessary, the attorney assigned to your case will engage in negotiations with the opposing party and likely participate in mediation and sometimes settlement conferences with the judge. Going to trial can be expensive, and settling a dispute outside of court can eliminate expenses and the risk of going to court.

If your case does go to trial, there are times when a party wants the appellate courts to review your case.  This process is called an appeal.  Our litigation attorneys are available to help you navigate, creating or responding to an appeal, and developing arguments as to why the trial court’s decision should be reversed or upheld. During the appeal stage of a trial, the litigation attorney assigned to your case will do the following:

• Draft post-trial motions
• Identify and preserve issues for appeal
• Develop appellate strategies
• Gather evidence for the appellate record
• Research procedural issues
• Draft appellate documents
• Present oral arguments before the appellate courts