The civil court system handles all the legal disputes that the criminal justice system does not. When business or individual disagreements can’t be solved through negotiation alone, they can turn into civil lawsuits.
A civil litigation lawyer can help you handle those disputes in court or through settlement discussions. Understanding what a civil litigation lawyer does (and when to call one) can help you avoid costly mistakes.
What Civil Litigation Covers
Civil litigation resolves non-criminal issues between people and other entities. Generally, civil litigation can result in monetary damages (compensation), orders enforcing a contract, or orders protecting a legal right. Unlike criminal cases, which are brought by the state or federal government, civil cases are filed by private parties. Civil litigation in Michigan covers a wide range of issues, including:
- Breach of contract
- Construction claims
- Disputes between business partners or competitors
- Divorce and estate planning disputes
- Employment issues
- Landlord-tenant conflicts
- Personal injury lawsuits
- Probate and trust litigation
- Property disputes
- Real estate conflicts, such as boundary issues or failed sales
Many civil disputes encompass more than one area of law. For example, a contract dispute between business partners could involve real estate property or employment agreements.
How a Civil Litigation Lawyer Can Help You
Civil litigation is complex. Each stage involves strict deadlines, court rules, and strategic decisions. A civil litigation lawyer helps you in several critical ways:
- Evaluating your case: Your lawyer reviews the facts and law to help you understand your rights and options—plus how likely you are to win.
- Drafting legal documents: Lawsuits involve formal pleadings, motions, and discovery requests that must follow court rules.
- Protecting your rights: A lawyer knows how to preserve and request evidence, respond to legal arguments, and raise defenses on your behalf.
- Negotiating settlements: The vast majority of civil claims settle out of court. Your lawyer can handle settlement discussions and make sure any agreement you accept is legally enforceable.
- Representing you in court: From pretrial hearings and conferences to trial itself, your lawyer can speak for you in front of the judge or jury.
Even if your case never goes to trial, having a lawyer involved early on is key. They can help you avoid mistakes that could weaken your position or let you know when legal action is unlikely to achieve your goals.
Common Situations Where You Might Need a Civil Litigation Lawyer
You may not think of yourself as someone who will “take someone to court,” but everyday problems can escalate to the point where you need to take legal action. Common civil litigation issues include:
- Breach of contract: If someone fails to uphold the terms of a contract, you might be entitled to damages or other remedies. Your lawyer can help you send a formal demand letter and file suit if needed.
- Business disputes: Business owners sometimes face conflicts with partners or other companies. These can involve things like noncompete agreements, intellectual property, trade secrets, or breach of fiduciary duty claims. A lawyer can help you enforce agreements and reduce the risk of future litigation.
- Real estate disputes: Property-related disputes cover everything from boundary disagreements and title defects to breaches of purchase agreements. Contract law and various zoning ordinances are often part of these suits. A civil litigation lawyer can help you resolve property-related issues like clear title and seek damages when necessary.
- Probate and trust litigation: Family disagreements can come up after someone dies, and there are issues with the administration of an estate or trust. Heirs might challenge whether a will was valid or accuse a trustee or personal representative of mismanagement. A lawyer can help you resolve these issues in probate court.
- Employment disputes: Wrongful termination, wage disputes, and violations of noncompete or confidentiality agreements often lead to litigation and other civil actions.
When Should You Call a Lawyer?
Most people wait until a dispute is already headed to court before they hire a lawyer. However, getting legal help early can save time, money, and stress—and might save you from needing to file a lawsuit in the first place. You should consider contacting a civil litigation lawyer if:
- The other party already has a lawyer
- Negotiations have stalled, and you can’t resolve the problem on your own
- You need to enforce a contract or legal right
- You need to respond to discovery requests or subpoenas
- You think someone might sue you
- You’ve received a demand letter or legal complaint
Early legal guidance helps you avoid mistakes and gives your lawyer time to gather evidence and develop a strategy.
Understanding Civil Litigation Proceedings
Civil litigation isn’t just a single court hearing—it’s a multi-step legal process that may or may not end in trial. Here are the stages your case could go through:
- Pre-suit investigation: Before filing a lawsuit, lawyers gather information and evidence. This might include reviewing documents like contracts, communications, or financial documents. The lawyer will also determine who might be responsible and what legal options might apply.
- Pre-filing communications: Sometimes, a lawyer will send a demand letter or a cease-and-desist notice. These communications alert the defendant to potential legal action. They also give the other party a chance to resolve the problem before you file a lawsuit.
- Pleadings: A civil case officially begins when the plaintiff (the party filing the lawsuit) files a “complaint” with the court. A complaint explains your legal claims and what you want from the court. The defendant (the party being sued) then files an answer or other response.
- Discovery: During discovery, both sides exchange evidence. This can include written questions (interrogatories), requests for documents, and depositions (out-of-court sworn testimony). Discovery is often the longest part of litigation. Depending on the case, it can take anywhere from weeks to years.
- Motions and hearings: Next, your lawyer may ask the judge to make certain rulings before trial. For example, a motion for summary disposition asks the judge to decide the case without a trial because there’s no factual dispute.
- Settlement or alternative dispute resolution: Most civil cases settle before trial. Settlement can happen at any time. In some Michigan courts, judges can require parties to try mediation under MCR 2.410–2.412, where a neutral third party helps both sides try to reach an agreement.
- Trial: If the case doesn’t settle, it goes to trial. Each side presents evidence and arguments. The judge or jury then issues a decision and, if appropriate, awards damages.
- Post-judgment actions: Even after trial, you may still need a lawyer’s assistance. For example, there may be post-judgment motions or appeals. A civil litigation lawyer can help you through these final steps.
Call Herbert Machnik Law Firm for Help With Your Civil Litigation Issues
Legal disputes can be stressful, but your lawyer can take the burden off your shoulders. The civil litigation team at Herbert Machnik Law Firm helps people and businesses across Michigan resolve complex disputes involving contracts, property, estates, businesses, and more. Our firm will explain your options and help you resolve your civil disputes in the most efficient way possible.
If you’re facing a legal dispute or think one might be coming, contact us today to find out how we can help.
