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Posts Tagged ‘Lawsuit’

Legal Services on Contingency Basis

Friday, March 18th, 2011

Rendering legal services on a contingency basis means that the client will not initially pay any amount of money as attorney’s fees to the lawyer. The lawyer will not charge any acceptance fee, nor any retainer’s fee or any appearance fees upon the client. In this kind of arrangement, the lawyer and the client agree that there will only be payment of attorney’s fees if and when and only in the event that the client’s personal injury lawsuit has been successfully litigated by the lawyer for and in behalf of the client. In short, the lawyer will only be paid if the client’s personal injury case has been won by him. If not, or if the case was unsuccessful, the lawyer will not get anything from the client as attorney’s fees.

At present, the contingency arrangement between a lawyer and a client is becoming more popular. This gives the client the opportunity to file a personal injury lawsuit against the negligent person who caused his or her personal injuries even without spending any amount of money just for the payment of attorney’s fees. This will also help clients to consider filing the personal injury case right away without hesitation or hindrance because of lack of money to finance his or her personal injury lawsuit. So what are you waiting for? Now that you know that there are lots of lawyers offering legal services on a contingency basis, you should already have the courage of pursuing your personal injury lawsuit. There’s no need to hold back and be discouraged. Go and get ready to file your personal injury claim with the help of a lawyer who agrees to render legal services on a contingency basis.

The Stages of Civil Litigation

Wednesday, June 23rd, 2010

Civil litigation is a lawsuit whereby a party seeks damages against another party. The damages can come in the form of money or the modification of some type of conduct. For instance, one can sue for breach of contract if another party fails to live up to the terms of a written agreement. One can also sue for a restraining order to bar a competitor from using various business property such as intellectual property rights. Importantly, civil litigation is not a criminal matter, to wit, the party that loses the case does not go to jail.

The first stage of civil litigation is the pleading stage. The pleading stage simply refers to the filing of the complaint against the party that is the defendant. The defendant then has the right to contest certain elements of that complaint. The defendant can object on the grounds that the complaint does not state a cause of action against them or frivolous matters are included in the language of the complaint, to name a few arguments. At this point, the court will either find a complaint to be with or without merit. If the Court throws out the plaintiff’s complaint, the plaintiff is usually allowed to amend the language and refile it.

The next stage of civil litigation is discovery. Discovery is simply the process of learning what evidence each side has regarding the dispute. Typically a party can ask to see any supporting documents the other side has and ask them questions. Questions can be asked in written form through a legal document known as interrogatories. Questions can also be asked orally by the party’s legal counsel in a process known as a deposition. Other methods of discovery also include request for admissions, special interrogatories and various other methods specific to your state. Yep, all the rules are set forth by state in most cases.

Once discovery comes to a close, the defendant will often file something known as a motion for summary judgment. A summary judgment motion is simply an argument by the defendant that the evidence provided by the plaintiff in the case does not support a claim against the defendant. In moving for summary judgment, the court considers the law on the books and the evidence provided by the plaintiff. It views the evidence in a light most favorable to the plaintiff before making the decision. If the court finds in favor of the defendant, the lawsuit is over. At this point, the plaintiff can either abandon the lawsuit or file an appeal to have a higher court review the matter.