If you’re facing a Massachusetts business dispute, you should be thinking about when you should hire a civil litigation attorney. There are no ifs, ands, or buts about it – business disputes often lead to civil litigation, and it’s best to be prepared should someone file a lawsuit against your business. Hiring an attorney before you receive a lawsuit can benefit you – the attorney can evaluate your liability risk and advise you about what to expect should you get sued.
When You Learn of a Potential Business Dispute, What Should You Do First?
When your business faces a dispute, you should anticipate that it may lead to litigation. The term “litigation” refers to a lawsuit filed in court seeking damages or other relief for the dispute. Before litigation begins, most business owners have already received hints that their business might be sued or need to sue someone. For example, you might have received a demand letter from a lawyer asking for money due to an alleged legal violation. You might have learned of a disgruntled employee or discussed a serious dispute with your business partners. You might have realized that your contract didn’t include an important provision or learned that another company is using very similar intellectual property. These are all signs of potential litigation and signs that you need to consult a civil litigation attorney.
What Are the Typical Steps in Business Dispute Litigation?
Once someone files a lawsuit in court, the litigation process begins. The other parties to the dispute must be served with the lawsuit. They also have to respond to the lawsuit. If they don’t respond promptly, they risk a default judgment, meaning the court finds against them simply because they didn’t respond. After the court receives the responses, the litigation moves into the discovery phase. Discovery allows the parties to request documents and information from each other. It may involve in-person depositions (question-and-answer sessions) or lengthy written discovery responses. After discovery ends, the case moves closer to trial. Often, the judge will encourage the parties to try to resolve the dispute before trial, such as by speaking with a mediator.
At What Point in Pre-Litigation or Litigation Should a Business Hire a Lawyer?
We recommend that your business hire a Massachusetts civil litigation lawyer as soon as possible after learning of a potential dispute. Do not wait for someone to file a lawsuit. You could make crucial missteps in trying to negotiate a dispute resolution, or you might underestimate the magnitude of the dispute until it’s too late to resolve amicably. Get a lawyer to look over the key issues and advise you on your legal obligations, your possible right to recover damages, or your need to request a court order establishing your rights. Unfortunately, some businesses that wait too long to get a lawyer end up with judgments against them or costly legal liability.
Frequently Asked Questions
What kinds of cases does a Massachusetts civil litigation attorney handle?
Civil litigation refers to disputes between private parties of a non-criminal nature. For example, disputes over contracts, wills and probate, torts (such as personal injury cases), and intellectual property issues are handled in civil court. The Massachusetts civil litigation team at Daigle Law Office focuses on business disputes, along with wills and probate. We also handle estate administration, conservatorships and guardianships, land disputes, and fiduciary litigation in Massachusetts civil court.
I heard that my business has only a short time to file a lawsuit. Can your firm help?
It’s true that many civil lawsuits must be filed within a certain time, under the legal statutes of limitations for different types of civil cases. Our firm can consult with you about the specifics of your case, including the deadline to file a lawsuit. Please reach out to us to discuss further.
We’re Here to Help with Civil Litigation Issues
Do you have a business dispute or a wills and probate issue? Then you’re looking for Daigle Law Office’s dependable, experienced lawyers. Our attorneys can provide you with knowledgeable assistance with Massachusetts civil litigation matters. We help clients who need solid and reliable legal advice about their options moving forward. To schedule a consultation, call 508-771-7444 or use our convenient Contact Form.
