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The Process of Effective Business Litigation

Business Litigation can be a Messy Process.

Many people who are facing lawsuits are unfamiliar with the process and have questions about how they should prepare. Below, we have briefly outlined the basic process of litigation to give our clients a general idea of what they can expect. Remember that half the battle is choosing a qualified and reputable attorney to represent your case. They can help ensure each of the steps are handled smoothly, improving your chances of achieving a successful outcome.

The Four-Step Business Litigation Process

The process of business litigation usually involves four phases. Depending on the unique factual and legal complexities of each case, the length of each phase will vary.

  1. Consultation phase. The first step in the process is for the client to meet with an attorney to begin discussing the facts of their case. The lawyer can help their client advance a claim against another party or defend their client against a claim brought by another party. In either case, this meeting should occur as soon as possible – any delays may cause the client to lose valuable rights and may cost them the case. After this meeting, the lawyer can begin preparing for the case by reviewing relevant documents, researching applicable laws, and gathering evidence.
  2. Filing phase. After the initial consultation, you and your lawyer will file an initial pleading in court. During this phase, the discovery process is conducted to disclose information and evidence between both parties.

The discovery process gathers information through:

  • Depositions, where the other party will be asked to give out-of-court oral testimony;
  • Written discovery, where the other party will have to answer written questions under oath; and
  • Document discovery, where the other party will be asked to provide certain documents and papers relevant to the case.
  1. Trial phase. The case is ready to go to trial before a judge after all preparations are made. Under our legal system, the plaintiff has the burden of proof, so their case will go first. This will be followed by a response from the defendant. Each side will have a chance to rebut the evidence presented by the other side. The length of the trial can vary depending on the number of witnesses and exhibits, or on the complexity of the case.
  2. Post-trial phase. After the trial, post-trial actions can take place, including motions for appeals and efforts to collect on the final judgment.

Handling Your Business Litigation Needs

Business litigation can be a very complicated process involving strict deadlines and extensive legal knowledge. If you are considering filing a lawsuit, or if you are facing a lawsuit from another party, you need a lawyer with honesty, integrity, and experience to advocate on your behalf. The Minneapolis business litigation lawyer at Landwehr Law PLLC has achieved repeated success in seemingly “unwinnable” cases, so you can be confident that, no matter how difficult your case may be, we will do everything in our power to bring justice to your case.

We are available to assist with legal issues involving business fraud, contract interference, trademark infringement, breach of business contracts, franchise law, and more.