Civil Litigation Basics

Not all people or businesses want to go to court, but sometimes it is necessary. Civil litigation is the process of filing or answering a lawsuit and preparing a case for trial. Civil cases deal with things like business disputes, fraud, contracts, personal injury, intellectual property, etc. In most cases, the goal of a civil litigation case is to seek financial compensation for a wrong or to legally force another person to do or refrain from doing something with an injunction. While in some cases you may be able to resolve the matter out of court, we believe that to do so effectively you must be prepared to go to trial.

That’s where we come in. At The Buche Law Firm, PC we don’t just provide general legal counsel for our clients; we are fully equipped litigators and trial attorneys. We have helped countless individuals and businesses with their legal matters. Our team will be happy to add you to our growing list of satisfied clients.

Over the years, we have handled bench trials, jury trials, injunction hearings, restraining orders, sequestration orders, arbitrations, appellate arguments and mediations as part of advocating for our clients. Where necessary, we will argue in even more public forums, to local government councils, or to the public via the media.

In a contentious situation, you want us on your side. If negotiations do not resolve matters adequately, and to your satisfaction, The Buche Law Firm, PC will be more than comfortable in a courtroom and pleased to argue your case to either a judge or jury. At The Buche Law Firm, PC, we believe in the power of advocacy. We will take the time to understand your case, present the evidence in the most favorable light, and advocate to win your case. Contact Our Austin litigation attorneys today.

How the Civil Litigation Process Works

When you are served with a lawsuit, you typically have inside a month to file a responsive pleading. Days can vary from state-to-state and depending on if in Federal or State courts. In Texas State courts, for example, answers are due on 10:00 a.m. on the Monday falling twenty days after service. However, as soon as you receive the summons from a process server or a registered agent for your company, you should get in touch with a civil litigation attorney for a consultation so you can put together a litigation strategy and avoid a default. Your lawyer can then advise you as to the next steps you’ll need to take.

If you are the one bringing the lawsuit, you’ll need a lawyer to draw up your complaint and file it in the correct court. Your attorneys will file a summons and a civil claim cover sheet. The requirements for these documents can be strict and vary in different jurisdictions. If there is a concern about a lawsuit, your first step should be to book a consultation with your attorney to ensure everything is done correctly right from the start.

During your initial consultation, you and your attorney will review the details of your case and begin formulating a plan of action. In some cases, your attorney may attempt to settle the matter out of court. In other cases, this will not be possible, and you may need to prepare for a longer battle and trial. Contact Our Austin litigation attorneys today.

Settling Your Civil Litigation Case

Sometimes there may be an option to settle your case, and in some cases it may be advisable. When and whether a settlement is a good deal for you is something that should be carefully considered. Some lawsuits will settle before they are even filed; others in a mediation during the case; some on the courthouse steps; some after a jury has delivered a verdict; and some after appeals have been filed. Some never settle and should not settle. But, if a settlement is reached, it means the litigants have opted to control the outcome via contract law, and decided terms that are suitable for all. If the parties choose to settle a case, the parties will work together to draw up a settlement agreement. In some litigation, particularly complex litigations, there may be teams for settlement matters that operate completely separately from trial counsel.

Working with a Mediator

If you are unable to reach a settlement, in some cases the parties may agree to go through mediation—or often they are forced to go to mediation by a trial judge. In mediation, you, the other party and your respective attorneys will work with a “neutral” mediator. This person is typically another attorney, or sometimes a retired judge, with experience in the subject matter of the case. As an outside viewer of the case, a mediator can sometimes provide an unbiased opinion, or facilitate communications with the litigants in a way that can make it easier to reach an agreement, especially when there are heightened emotions and large dollars involved. In this day in age, almost every civil case that is filed, the litigants are compelled to mediate a case. A court cannot force parties to settle in mediation, but he or she can force attendance as a precondition of continuing litigation toward trial. In some cases, courts may actually compel or encourage parties to attend mediations through magistrate or other trial judges acting as mediators.

Civil Litigation Costs

There are numerous factors that go into determining the overall costs of litigating your case. Some of these factors include the type of case, the experience of the attorneys, the particular court or jurisdiction, the behaviors of the opposing side, and basics like your attorney’s hourly rate. In addition to your legal costs, you may also have to pay additional fees for expert witnesses, mediation sessions and court fees.

Some cases are handled at hourly rates, while others may be more suited for handling on a contingency or partial-contingency basis. When cases are handled on contingency, the attorneys will get paid a specified percentage of your final settlement, and in some cases they may even advance costs of the litigation. Contact our Austin litigation attorneys today.

Working with The Buche Law Firm, PC

If you are in need of assistance with a civil case, you should contact the attorneys at The Buche Law Firm, PC to see if your case is a good fit. Our attorneys are highly experienced in the litigation and trial environments, and we may be able to help you.

Our initial consultation is free of charge. Before we agree to take on a case, we like to take the time to get to know you and the details of your case. We understand how confusing the legal world can be at times, so we’ll answer any questions you may have at this time to our best ability. If we take a case, our Austin litigation attorneys will work tirelessly on your behalf. While we can’t feasibly guarantee a specific resolution to every case, you will have our commitment to do everything in our power to listen, be responsive to you, and achieve the best result possible. Once we have a solid understanding of your case, we can give you a better idea of what to expect. You can contact us here or call 512–215–4997 in Austin, Texas , or 713-589-2214 in Houston, Texas.

Our Legal Professionals

Garett Gray

With over a decade of experience as a disability representative registered with the Social Security Office, Garett Gray specializes in working on disability claims

Byron Ma

Byron Ma is of counsel to The Buche Law Firm, PC in Austin. Byron has experience with patent prosecution matters as well as patent, trademark, and copyright litigation.