What You Can Expect in Your Civlitation Litigation Case with O’Flaherty Law
We understand that no one wants to be involved in litigation. However, if you are sued or need to file a lawsuit, you want an experienced legal team on your side. We also understand the costs associated with litigation. Our focus is working with our clients to get the best outcome possible while being as financially efficient as possible.
After speaking with one of our Client Intake Specialists, you will be scheduled for a consultation with our experienced probate legal team. Our consultations typically occur over the phone but can be in-person or online upon request.
During the initial consultation, we will get some preliminary information from you to determine the potential possible options and outcomes so that you can make an informed decision. This will also allow us to provide a budget for you.
Once you retain us, we'll get started on your case. You’ll receive a welcome call from your legal team, and we’ll start gathering all the relevant case documents and information. We may be communicating with you frequently during this time.
Whether you’re looking for a peaceful resolution or need strong advocacy in court, our team approach ensures you're supported from all angles. We’ll clearly communicate timelines, potential costs, and keep you informed at every stage.
In today’s digital age we will advise you regarding the obligation to preserve evidence. We will also be gathering the relevant information we need to either defend a lawsuit or draft one for you.
We will be requesting additional documents and paperwork during this phase:
After we have the information we need, we will move forward with either drafting the lawsuit and filing it or appearing on your behalf to defend you. Options:
A motion to dismiss can take two or more months to receive a ruling as the parties brief the court on the issues. Then the court hears oral arguments and will issue a ruling.
After discovery has been completed and closed this is when both sides should reevaluate the case based on information learned during discovery. At this point the parties should explore settlement or alternative dispute resolution. Alternative dispute resolution can be an option at any time, even before filing a lawsuit. The forum could be mediation, arbitration, or even the attorneys spearheading talks between the parties to come to a resolution. Litigation can be very costly, so these options should be seriously considered.
Once the parties are at issue, we will move into the discovery phase of litigation. Discovery is the fact-finding phase and allows both sides to find out relevant information from the other side about the case. This phase takes up to four or more months. Discovery includes both written and oral discovery. The court will set deadlines for the parties to issue and respond to written discovery.
Written discovery consists of:
There may also be a necessity for motion practice during written discovery. This would include a motion to compel if the other side has not adequately responded to discovery or has not produced certain documents that were requested. If this is necessary, it will prolong the discovery phase.
After written discovery has been completed, the parties move into oral discovery. This includes depositions. At a minimum, the parties will be deposed, along with any other witnesses either side has identified. If an expert is required in your case, the court will set a separate schedule for disclosure of them and a timeline for taking their depositions. A trial date will also be set.
If the parties agree to alternative dispute resolution this may need to happen while the litigation case is ongoing. Some judges may allow for a short pause in the litigation to see if the parties can settle the case. Other judges will keep the litigation case moving forward, regardless of settlement discussions.
During this time, if your legal team believes there are any issues that can be resolved through a motion for summary judgment they will file the motion. This is an opportunity to limit the issues at trial.
If a settlement is not reached, then the parties will begin to prepare for trial. Preparation for trial is a lengthy and costly process. Every effort should be made to settle the case even up until and during the trial. During this phase your legal team will work with you on a trial budget.
After the trial, the judgment entered does not become final for 30 days. That means that during this 30-day period, either party could appeal the decision. Your legal team will discuss your options with you should you wish to appeal. Once the 30 days passes, and the judgment is final, you can move to enforce any judgment entered. We can also help you in enforcing and collecting any judgment entered.