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Litigation is a court process that enables opposing parties to seek and have their legal rights enforced. The kind of court that hears these arguments depends on what type of case is being argued.
Our Litigation attorneys, which can be seen below, represent plaintiffs and defendants in civil cases and manage all phases of the litigation process. The entire process consists of investigation, pleadings and discovery to pre-trial, trial, settlement and appeal. We will work with you on some or all of these depending on your specific case.
Below is an overview of our process and the steps we take during the course of litigation cases.
Assessment
Our litigation SC attorneys and paralegals will work with you on conducting an initial assessment to determine if enough evidence exists to file a lawsuit or what evidence exists to defend a potential suit. This assessment may include locating witnesses, interviewing these witnesses, gathering relevant documents and client meetings. In some instances we will engage possible settlement discussions to resolve the matter before a lawsuit is filed.
Pleadings
Pleadings and motions on the client’s behalf will be drafted and can include items such as a draft of the summons and complaint to commence the lawsuit. When we are defending, we will converse with the client to investigate the allegations of the lawsuit and compose responses. Pleadings and motions can also consist of motions to strike, dismiss, amend or change venue and motions for judgment on the pleadings.
Discovery
The discovery process involves the exchange of relevant information between the parties. Depositions are usually held in order to gain this information. In some cases, it will be necessary to examine evidence as well as collect, process and analyze information gathered during the discovery process. Discovery related items can be argued and motions can be given and in some cases summary judgment motions can be ordered. The discovery process is one of the most important steps in the litigation process as it helps gain relevant information, identify issues and formulate a case strategy.
Pre-Trial
This is the time to wrap up discovery and prepare for trial. In this phase, the following will be taking place: client consultations, obtaining expert witnesses, attend pre-trial meetings, finalize the trial strategy by conducting pre-trial depositions of witnesses, prepare trial exhibits and compose and argue pre-trial motions.
Trial
The majority of all lawsuits filed in civil court are settled prior to trial. In the cases that aren’t settled prior to trial, the team will be presenting before the judge or preparing for the day in court. In the trial phase, the strengths and weaknesses in the case would have to be identified, arguments developed, witnesses prepared and trial motions argued.
At trial, the jury selection process is initiated and selected. The case is presented by the following process: opening and closing statements, examine and cross-examine witnesses and convey the facts in a compelling manner for the judge or jury. The use of testimony and evidence is illustrated during this phase that was planned during the case strategy.
Settlement
During this phase, our staff is engaged in negotiations with opposing parties; participating in mediations and settlement conferences when needed and creating settlement materials.
Appeal
If the case does not end in a favorable fashion at trial, the subject of appeal is discussed with the client. Our staff not only handles the litigation but can take care of you when and if, a case needs to be appealed.
Patrick J. Frawley
(Ph) (803) 359-2512
(Fa) (803) 359-7478
Jeff M. Anderson
(Ph) (803) 359-2512
(Fa) (803) 359-7478
John J. McCauley
(Ph) (803) 359-2512
(Fa) (803) 359-7478
Carey M. Ayer
(Ph) (803) 359-2512
(Fa) (803) 359-7478
Ryan M. Wingard
(Ph) (803) 359-2512
(Fa) (803) 359-7478
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By Philip Rucker- The Washington Post Read More