What You Need to Know About Civil Litigation
A Civil Law Attorney Can Help Determine Your Best Course of Action
Civil litigation may occur when parties – individuals, businesses, and other entities - have a dispute. Civil law consists of non-criminal cases. Typically, civil cases end with some form of monetary compensation.
There are many types of cases that fall under the civil litigation umbrella: contract and property disputes, torts, complaints against municipalities, workers’ compensation disputes, special education, etc.
If possible, the Civil Litigation Attorneys
at Bingaman Hess will maximize your recovery and reduce your expenses by attempting to settle disputes out of court. However, if a trial is necessary, the Civil Litigation Attorneys at Bingaman Hess will skillfully navigate the judicial proceedings and attempt to achieve a favorable outcome for you.
Civil litigation typically follows several phases: investigation, pleadings, discovery, and trial. If a party is dissatisfied with a final ruling, further redress may be sought via an appeal. The Civil Litigation Attorneys at Bingaman Hess are experienced in appellate matters should an appeal be necessary.
Investigation
The initial step in many civil litigation cases is an investigation of the relevant case facts. During the investigation, it is sometimes necessary to interview clients, gather and review relevant documents, locate witnesses, take witness statements, etc.
The investigation can serve many purposes. It helps the attorney determine if a plaintiff has adequate evidence to file a lawsuit, or if a defendant has evidence to properly defend a case. It also helps gather information for the case moving forward.
Pleadings
In most civil cases, an attorney will file a variety of pleadings and motions on behalf of his or her clients to prosecute or defend a lawsuit.
A plaintiff’s attorney will initiate the lawsuit by filing a complaint. The complaint explains in detail the plaintiff’s claims against a defendant and describes the harm that the plaintiff alleges the defendant caused. It also sets forth the legal basis for the plaintiff’s claims.
After investigating the allegations in the complaint, a defendant’s attorney will normally draft an answer. The answer sets forth the defendant’s side of the dispute.
Sometimes, before the answer is filed, the defendant’s attorney may ask for clarifications or corrections to the complaint or even ask that the court dismiss part or all of the lawsuit via preliminary objections. When this occurs, the complaint may be revised, or it may be dismissed.
The defendant’s attorney may also file a counterclaim against the plaintiff, which alleges how the plaintiff harmed the defendant and should be held liable.
Discovery
During the discovery process, the attorneys exchange and process information related to the case. That information is used to identify strengths and weaknesses and to develop a strategy for trial.
Attorneys may use a variety of methods to gather information from the opposing side, such as interrogatories, depositions, requests for documents, and requests for admissions. They may also retain an expert to collect, process, and analyze physical evidence or to provide a medical opinion. The experts provide written reports to be used as evidence in the case and sometimes testify at trial.
During the discovery process, the attorneys may file additional motions. Those motions may request the court to exclude evidence or order a party to produce certain documents or other evidence.
Either party may also file a motion for summary judgment that requests the court to dismiss all or part of a party’s case. If summary judgment is granted in whole, not part, there is normally no trial—the judge grants judgment in favor of the moving party in such circumstances.
Trial
A civil trial can be a bench trial or a jury trial. If it is a jury trial, attorneys question potential jurors in a process called “voir dire.”
The trial begins with opening statements, during which each attorney outlines his or her case. After the opening remarks, the plaintiff presents evidence – in the form of documents, exhibits, and testimony – to support their claim. Then the defendant presents his or her evidence.
After each witness is questioned, the opposing attorney has the opportunity to cross-examine the witness. Sometimes, the plaintiff presents rebuttal evidence after the defendant presents their argument.
Once all evidence has been presented, both attorneys give closing arguments, and – if it is a jury trial - the court instructs the jury on the law that is to be applied to the evidence presented.
In a jury trial, the jury deliberates and reaches a verdict. In a bench trial, the judge delivers his or her findings with a verdict.
Appeal
If a party is dissatisfied with a final ruling, he or she can file an appeal and request that an appellate court reviews the decision of the trial court or jury. Each party presents their arguments to the appellate court by submitting briefs and a record of evidence from the trial court. If the appellate court does not find an error in the trial court proceedings, it will affirm the verdict. If it does find an error, the appellate court can order a new trial or take other steps like a reversal of the trial court’s decision.
Do You Need a Civil Litigation Attorney?
If you have a potential claim or have been sued, one of the experienced Civil Litigation Attorneys at Bingaman Hess can help determine your best course of action. They can provide professional advice and guide you through the complicated legal process – from the initial filing of a complaint to trial and appeal if necessary - to help ensure the best outcome. Please call Bingaman Hess to assist you with your legal needs at 610.374.8377 or find us online .
News & Information
Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.
Learn the key considerations in developing mixed-use properties, including zoning and planning requirements, legal challenges, and effective community engagement strategies.
Learn how contested guardianships are handled, including legal challenges, the rights of all parties involved, and the court procedures used to resolve disputes.
Learn how to choose the right business entity structure by comparing LLCs, S-Corps, and C-Corps, state incorporation benefits, and essential formation documents.
Learn how to navigate mergers and acquisitions with due diligence, deal structuring, tax efficiency, and post-merger integration strategies.
Learn how to manage risk in real estate transactions, from identifying potential issues to using insurance and legal strategies for protection.
Learn how to navigate municipal licensing and permits, streamline approval processes, and maintain compliance to avoid delays, fines, and project disruptions.
Understand the key differences between power of attorney and guardianship, including legal authority, applicability, and how to choose the best option for your situation.
Learn how property taxes affect real estate investments, including strategies for appealing assessments, using tax exemptions, and legally reducing tax liabilities.