Unfortunately, business disputes arise frequently between corporations, between individuals, and between corporations and individuals. An experienced business litigation attorney can often make a significant difference in these types of disputes.
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Financial disagreements can lead to various types of business litigation, including:
- Contractual Disputes
- Real Estate and Construction Disputes
- Collection Matters
- Breach of Fiduciary Duties
- Insurance Claims
- Bankruptcy Litigation
- Fraud Litigation
- Civil Appeals
Civil Litigation Attorney
Attorney Stanley P. Lieber has been practice since 1973. Stan has extensive experience in contractual litigation and lawsuit defense. He has represented many large industrial corporations, construction companies, developers, and security organizations. Stan has represented clients in thousands of business disputes and has handled over 500 trials.
Important Business Litigation Issues
Often, the best way to avoid many business-related disputes is to have a properly executed agreement. However, even a perfect contract that leaves no room for interpretation can be breached. When that occurs, a party will rarely be fully compensated without legal help.
While the civil litigation process does not officially begin until a lawsuit is filed, that daunting step can sometimes be avoided if the parties are proactive and work to resolve their dispute. Often, involving attorneys can save money, especially if the attorneys place their Clients’ interests first, instead of rushing to file suit at the first hint of a disagreement.
When a lawsuit is filed or is imminent, arbitration and mediation can be viable alternatives to the costly process of litigation and trial. Arbitration is more similar to the court process and involves a decision from an arbitrator. This decision can be binding or non-binding (the parties must agree if arbitration is to be binding). Mediation is simply a negotiation with an impartial referee or mediator who is hired by both parties to bring them closer to a resolution/settlement.
If no resolution is possible and no motion dismissing the case has been granted by a judge, the matter will proceed to a trial once the discovery process is complete. In civil litigation (as opposed to criminal litigation), one side must affirmatively request a jury trial and post jury fees. If neither the plaintiff or the side defending the lawsuit requests a jury trial and posts those fees, the judge will act as the “trier of fact” in the place of a jury, and also make all law-related rulings. Sometimes, one or both sides will strategically decide not to seek a jury trial and instead allow the judge to make all decisions and rulings.
Many businesses and individuals see the litigation process as intimidating because of the rising costs of hiring qualified attorneys by the hour. Some inexperienced or brand new attorneys will accept cases for much less money than experienced business litigation attorneys. However, these new lawyers will end up charging as much or more than an experienced civil litigator because they will be forced to charge their clients to learn new concepts – hence, the cliché; “[t]he most expensive thing you can do is hire a cheap lawyer.”
Despite the high cost of civil and litigation, there are many knowledgeable and highly experienced business litigation attorneys who have the philosophy that a successful practice is built around providing excellent representation at a reasonable price. Their goal is not to run up charges, but instead is to keep costs down and please clients. This outlook often allows smaller law firms to build a reputation for honesty and integrity, which can dramatically benefit their clients.
Some litigators also accept fees on a contingency basis, meaning that the attorney only receives a fee if the client obtains money in a settlement. However, these types of fee agreements are generally only offered in personal injury cases (such as a car accident, etc.).
Important Civil Litigation Links:
- Los Angeles County Superior Court
- Los Angeles County Superior Court Locations
- California Court of Appeals
- California Supreme Court
- California Civil Code
- United States District Court for the Central District