What is Civil Litigation?
The basic definition of civil litigation is any legal dispute between two or more parties requesting some form of monetary damages or asking the court to direct specific action by the parties. It is not a criminal proceeding, which will be discussed later, because of the differences in deciding by a judge, jury, or arbitration.
When you initially hear this term, you might immediately think of the TV commercials by lawyers wanting to represent you in a claim resulting from an automobile accident or injury at work. This is one form of civil litigation. But many other cases that are litigated are other types of matters.
Business or contract disputes between companies, their shareholders, or partners in a business are an area that the highly skilled attorneys of Evans & Mullinix, P.A. handle. It may involve employer-employee rights. In addition, a range of real estate disagreements, from contract problems to misrepresentations or title problems, are resolved through civil litigation.
It could also be a vendor attempting to collect a bill or a landlord seeking to enforce the terms of a lease agreement. Another common form of the civil dispute arises from various family law matters like divorce, child custody, or in probate court. These types of cases require not just the talents of the experienced attorneys of Evans & Mullinix, P.A., but also the ability to navigate the emotional issues involved.
How are Civil Litigation Matters Settled?
When you engage Evans & Mullinix, P.A., the first step we take will be to meet personally, gather all the facts and determine the legal strategy. Open communication with our clients is critical to creating a trusted relationship. That is why before we take any major action, you will know what we believe will be the best approach, why it is best, and what the potential financial factors are. Whether you are the plaintiff (the party bringing the suit) or the defendant (the side that is defending against the claims), you need an experienced attorney that knows the law, communicates well with their client, and has a lot of “street sense” to help with all of the various stages of an action.
Evans & Mullinix, P.A. wants to find the fastest and most economical resolution that provides the best result for our clients. That is where our negotiating skills are essential. We can look to find a fair and equitable solution before matters get beyond resolution. Meaningful negotiations can reduce the time and expense involved in a dispute.
Sometimes disagreements can be handled by mediation–having a third party, not by a courtroom judge or jury, bring the parties to a fair resolution. If it does require filing a civil suit and then trying the case before a judge or jury, the skills of the Evans & Mullinix, P.A. attorneys serve our clients well.
What is the Difference Between a Criminal and Civil Action?
Most people know that in a criminal matter, the burden to find someone guilty is usually “beyond a reasonable doubt” and almost always requires a unanimous jury verdict. In civil disputes, the burden is by a “preponderance of the evidence” or something similar, depending on the jurisdiction’s laws.
What is the Best Way to Avoid Civil Litigation?
Just like having regular checkups with your doctor for their advice to avoid potential medical issues, the skills of a high-quality attorney can help you avoid potential disputes. Before entering into leases, contracts, buying real estate, and other major events, reviewing those documents can be the “ounce of prevention,” avoiding costly disputes later.
Evans & Mullinix, P.A. has created a wonderful relationship between our office and our clients over nearly 50 years of practice, dramatically reducing the legal problems of those seeking their “preventative advice.” It is very cost-effective and can help you reach positive results. It makes sense to review and get quality legal advice to avoid the potential pitfalls of the unintended consequences of conduct.
Call today and set up an appointment with the outstanding attorneys of Evans & Mullinix, P.A. It will be a decision that could be one of the best you will ever make.
