Litigation
Civil and criminal
Matt Foster has been litigating and winning civil cases for business and individuals for more than 25 years. He has successfully represented clients in dozens of state and federal courts, agency (administrative) proceedings, and arbitration.
Matt works to win civil cases before they go to trial, because pretrial victories are faster and cost his clients less money. When trial is necessary, however, Matt prepares thoroughly and advocates fiercely, using all his knowledge and skill to advance his client’s interests and obtain the best results.
Matt also successfully handles criminal defense cases at all phases, from arrest through trial, appeal, and post-conviction relief. Matt genuinely cares about his clients, and advocates for them tactically and with tenacity, with an unwavering commitment to making the state prove its claims and protecting his clients’ constitutional and statutory rights.
Matt’s areas of litigation representation include:
- Fraud, nuisance, and other tort cases
- Contract disputes and consumer protection
- Real estate and personal property disputes
- Mediation, arbitration, and settlement negotiations
- Landlord/tenant and other small claims cases
- Civil commitment defense
- Statutory and regulatory compliance/defense
- Probate and estate litigation
- Criminal defense (felonies, misdemeanors, infractions)
- White collar, financial crimes, cybercrimes
- Drugs, weapons, and property offenses
- Appeals and post-conviction relief
- Parole and probation violations, expungements
- DUI/DWI, speeding tickets, and moving violations
The Essential Guide to Civil Litigation Law
By Edge Lawyers, Birmingham, Alabama
https://edgelawyers.com/blog/the-essential-guide-to-litigation-law-everything-you-need-to-know/
In the complex world of law, litigation is regarded as one of the most intricate and challenging areas. It encompasses various elements, from initiating a lawsuit to the final verdict. With that in mind, this guide simplifies the convoluted intricacies of litigation, presenting them in an accessible and digestible format.
The law is not a static entity; it continues to evolve, and with it, so does the field of litigation. This guide acknowledges and embraces this dynamism, offering not just a snapshot of litigation law as it stands, but a forward-looking perspective on how it might change.
Understanding Litigation Law
Litigation law is the process of taking legal action in the form of a lawsuit to resolve disputes and seek compensation for damages. While most cases tend to settle before going to trial, litigation ensures that disputes can be resolved with the assistance of the court system.
The litigation process begins when a party, referred to as the “plaintiff,” files a formal complaint against another party, known as the “defendant.” From there, the legal process involves several stages, including pre-trial preparation, exchange of evidence, potential settlement discussions, and a trial before a judge or jury.
The Importance of an Experienced Litigation Lawyer
Having an experienced litigation lawyer on your side is vital as they can guide you through every step of the legal process. An experienced attorney can help you evaluate the strengths and weaknesses of your case, advise you on different legal strategies, and represent your interests in court. Additionally, a skilled litigator will assist in gathering crucial evidence, negotiating settlements, and ensuring your rights are protected throughout the process.
Key Terminology Used in Litigation Law
To better understand the litigation process, becoming familiar with some crucial legal terminology is essential. Here are four important terms to know:
- Pleadings: Pleadings are the initial documents filed by parties involved in a lawsuit, including the plaintiff’s complaint and the defendant’s response. These documents lay the foundation of the case, outlining the plaintiff’s claims against the defendant and the defendant’s defenses.
- Discovery: Discovery is the pre-trial phase in which the plaintiff and defendant parties exchange information and evidence for their case. Methods of discovery include document requests, interrogatories, requests for admissions, and depositions.
- Motion: A motion is a formal request to a judge, asking for a specific action or ruling in a case. Examples of common motions include motions to dismiss, motions for summary judgment, and motions to compel discovery.
- Verdict: A verdict is the final decision made by a judge or jury after hearing all the evidence and arguments. In civil litigation, the verdict determines liability (if the defendant is found responsible) and any compensation for the plaintiff.
Stages of the Litigation Process
The litigation process can be broken down into several stages, each involving specific tasks and deadlines. Here’s a brief overview of the main stages in a typical litigation case:
- Pre-trial Preparation: Before officially filing a lawsuit, both parties will engage in pre-trial preparation. This stage includes gathering evidence, conducting preliminary investigations, and assessing the viability of the case. Additionally, lawyers may attempt to reach a settlement before moving forward with formal litigation.
- Filing the Lawsuit: If no settlement can be reached through negotiation, the plaintiff’s attorney will initiate the litigation process by filing the formal complaint and serving the defendant with the appropriate legal documents.
- Discovery: As previously mentioned, the discovery phase allows both parties to share and gather information relevant to their case. This stage is crucial, as the evidence gathered during discovery can significantly impact the outcome of the trial.
- Pre-trial Motions: Both parties can file pre-trial motions to resolve specific issues before the case goes to trial. For example, a defendant may file a motion to dismiss the case if they believe the plaintiff’s claims are invalid or unsupported by the law.
- Trial: The trial is typically the final stage of the litigation process. During the trial, each party will present their case to a judge or jury, who will ultimately decide on the outcome. This includes assessing liability, determining any damages or compensation for the plaintiff, and making a final ruling on the case.
Alternative Dispute Resolution
While traditional litigation can be effective, it is essential to recognize that alternative dispute resolution (ADR) methods may be more appropriate or efficient for certain cases. Some popular ADR options include mediation and arbitration. Mediation involves the use of a neutral third-party mediator to help facilitate negotiations between the parties, often resulting in a mutually agreed-upon resolution.
On the other hand, arbitration replaces the court system in resolving disputes, with an arbitrator or panel of arbitrators hearing the case and rendering a binding decision. By familiarizing yourself with the litigation process, key terminology, and understanding the importance of an experienced attorney, you’ve taken the first critical steps towards navigating the complexities of litigation law.
