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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 and the like. 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 Buche & Associates, P.C. 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 in San Diego and throughout Southern California and Texas 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, Buche & Associates, P.C. will be more than comfortable in a courtroom and pleased to argue your case to either a judge or jury. At Buche & Associates, P.C., 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 San Diego litigation attorneys today.

How the Civil Litigation Process Works

When you are served with a lawsuit, you typically have 30 days to file a responsive pleading in a civil case in the state of California. If your case will be handled in Federal Court, the deadline is 21 days. Days can vary from state-to-state. In Texas State courts, where we also handle cases, answers are due on Monday at 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 help you 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 quite strict and they 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 San Diego 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 court house 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 San Diego litigation attorneys today.

Working with Buche & Associates, P.C.

If you are in need of assistance with a civil case, you should contact the attorneys at Buche & Associates, P.C. 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 San Diego 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 858-459-9111 is San Diego, 713-589-2214 in Houston, Texas, and 310-593-4193 in Los Angeles.

What our Clients have to say about our San Diego Attorneys...

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  • A quality and seamless experience with Mr. Buche and his associates. Prompt communication with the team was comprehensive and concise. They gave me exactly what I was asking for in my contract almost as if they were reading my mind. Their expertise is self-evident in their work and I would and will recommend Buche Law to anybody looking for any legal work or advice.

    Tony Pastoria Avatar
    Tony Pastoria
    9/20/2020

    When I went to see Attorney John Buche I was desperate to get some guidance to help me with my son's case. He was so nice and very professional. I can't even tell you in this review how my son and I appreciate what he did for us. The outcome in my son's settlement agreement was amazing only because of all the help we received for John Buche and his wonderful staff.

    A Google User Avatar
    A Google User
    4/07/2020

    When I went to see Attorney John Buche I was desperate to get some guidance to help me with my son's case. He was so nice and very professional. I can't even tell you in this review how my son and I appreciate what he did for us. The outcome in my son's settlement agreement was amazing only because of all the help we received for John Buche and his wonderful staff.

    Adrina Morton Avatar
    Adrina Morton
    4/07/2020
  • These guys are great! Always helpful in answering any questions we have, and transparent about the amount of work needed on any new projects. Very well rounded group of individuals and would recommend for any project. Thanks guys!

    Bryce Hudson Avatar
    Bryce Hudson
    3/09/2020

    Buche & Associates responded almost immediately to my inquiry about a possible new case. They provided a quick initial assessment and recommendations on how I should proceed. I could not have asked or expected anything better. Buche was extremely helpful and professional.

    A Google User Avatar
    A Google User
    1/08/2020

    Buche & Associates responded almost immediately to my inquiry about a possible new case. They provided a quick initial assessment and recommendations on how I should proceed. I could not have asked or expected anything better. Buche was extremely helpful and professional.

    Sammie Covington Avatar
    Sammie Covington
    1/08/2020
  • Great experience, very quick to return our request for a consult, and professional to deal with.

    Justin Sims Avatar
    Justin Sims
    1/07/2020

    I reached out to Buche and Associates via email for help with a music industry contract. John responded to my email the next day giving me assurance and a thumbs up on my existing contract - NC. I appreciated the rapid, honest, and professional response! I'm very happy to have found this law firm.

    A Google User Avatar
    A Google User
    11/05/2019

    I reached out to Buche and Associates via email for help with a music industry contract. John responded to my email the next day giving me assurance and a thumbs up on my existing contract - NC. I appreciated the rapid, honest, and professional response! I'm very happy to have found this law firm.

    Stefan Depner Avatar
    Stefan Depner
    11/05/2019
  • All the attorneys that did work for me at Buche and Associates were extremely knowledgeable and got the work done quickly and efficiently. I've always felt they've had my best interests and given me sound advice that has paid off. I highly recommend Buche and Associates for your legal needs.

    Josh Wickman Avatar
    Josh Wickman
    10/30/2019

    All the attorneys that did work for me at Buche and Associates were extremely knowledgeable and got the work done quickly and efficiently. I've always felt they've had my best interests and given me sound advice that has paid off. I highly recommend Buche and Associates for your legal needs.

    A Google User Avatar
    A Google User
    10/30/2019

    Highly recommend. Professional, responsive and great to work with. Backed me up 100% in the face of a ridiculous lawsuit.

    sdavis5125 . Avatar
    sdavis5125 .
    8/03/2019

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