Civil litigation is a term of art which distinguishes lawyer Court work in the non-criminal stream of actions in law. It encompasses not just the representations made in Court but also the pre-trial procedures including interlocutory hearings, and the port-trial procedures such as costs and enforcement of a judgment. A civil case can be based on any number of different things, such as a contract agreement for services, landlord / tenant issues, contract for materials, purchase or sale of real estate, vehicles and businesses are but a few of the myriad of different disputes that may find you facing or needing to consult with a Civil Litigation Attorney. Understanding the legal theory behind your case is essential to ensure that you do indeed have a viable case to bring, or whether the case that has been brought against you is baseless.
The legal system can be confusing and intimidating. Knowing how to bring your case to court or defending a case that has been brought against you can seem overwhelming. Legal terminology, rules of civil procedure, timeframes and the rights and responsibilities in either prosecuting or defending a case can trap the unwary litigant. In Indiana, persons who choose to participate in litigation without an attorney are held to the same standard as an attorney and all of the associated knowledge. Our office has experience in many areas of contract law and can bring that experience to your case. Whether you are considering entering into a contract or already have contractual obligations, an experienced attorney can help you understand your rights and obligations.
Whether you are a business owner, individual or third-party, contract disputes can be particularly challenging. The contract can be for any number of things and the law governs what can and cannot be contracted for and the basis for the agreement. Know how to write and/or read a contract and determine the various obligations and responsibilities is a skill that experience brings.
Further, the law prescribes the remedy that a wronged individual can recover when a contract has not been fulfilled for one reason or another. Litigants will need to be aware of the types of recovery, whether monetary or otherwise, that are allowed under a specific cause of action. Litigants also benefit from receiving information and advice on the potential of receiving any recovery from Litigation whether via settlement or ordered by a Judge.
Civil law cases can take anywhere between one and three years to resolve without settlement. Most cases settle prior to going to trial through Mediation or Settlement negotiations. Because criminal cases take priority on the trial court docket, civil litigation is usually placed on the back burner and the courts encourage litigants to attempt settlement whenever possible.
A litigant to a civil litigation proceeding should always consult with an attorney before signing an agreement. Either as a Plaintiff or a Defendant, knowing what your rights or responsibilities are at the end of the settlement and the steps to take afterward is imperative. Failure to follow through on a Settlement Agreement can land you right back to where you started.
In order for there to be a valid contract there are some essential common elements that need to be present in order for there to be a legally enforceable agreement. These are: an offer, an acceptance, Competent parties who have the legal capacity to contract, a lawful subject matter, mutual intention of obligation and consideration. Each of these elements are a term of art and subject to legal interpretation. Contracts can also come in a variety of styles and forms. Most commonly they are written but some are verbal.
In order to determine if there is a legally binding enforceable contract, a failure of a party to perform under the contract, and what remedies may or may not be available, a party should consult with an experience contract attorney who can soundly advise them.
Why Choose Us
We provide a free consultation to familiarize ourselves with the potential subject matter of the litigation and we will work with you to determine your rights, obligations and the best way to proceed. It is imperative that you as a litigant in these matters understand the benefits and/or ramifications of any potential lawsuit, claim or contract.
Call us today to schedule a time to discuss your matter with an experienced civil law attorney.