What exactly is civil litigation? When we say we are “Mesa, Arizona civil litigation attorneys,” most people who are not lawyers ask what civil litigation is. Civil litigation is very broad – it includes personal and business disputes. The disputes often arise on construction projects, in real estate transactions, business sales, commercial real estate leases and other areas. Civil litigation also includes partnership, limited liability company or corporation battles. Sometimes civil litigation involves claims for wrongful use of trade secrets, or enforcement of confidentiality provisions and non-compete agreements.
Commercial litigation attorneys also handle claims for tortious interference with contract or business expectancy, fraud, negligent misrepresentation, fraudulent concealment or defamation. The places where the disputes arise are also broad. Our attorneys in Mesa and the east Maricopa County area practice in state court, federal district court, sometimes in justice courts, and often in administrative proceedings with claims relating to professional licenses, like cases before the Arizona Registrar of Contractors or the Arizona Department of Real Estate.
Many civil litigation cases today are resolved in private arbitration before an organization like the American Arbitration Association. Not every case goes to trial – sometimes the best thing your attorney can do is to negotiate a solution for you or your business before it escalates. When litigation has started, the civil litigation attorney must know the rules of civil procedure, arbitration procedures, or the administrative procedures. Written work includes complaints, temporary restraining order petitions, or requests for injunctive relief. Writing clearly and persuasively is essential – many cases are won or lost with a well-drafted motion to dismiss or motion for summary judgment. A civil litigation attorney must be an experienced negotiator and must give her or his client good legal counsel about the risks involved. At a jury or bench trial, a civil litigation attorney must present a persuasive case. The civil litigation attorney must be familiar with the rules of evidence. In any case where an appeal is possible, the attorney must know how to preserve an issue for appeal and, if necessary, be able to write and argue a successful appeal.
If you are in need of assistance in these areas, please contact me and I will be happy to assist you in determining if you have a case. This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please feel free to contact Joel E. Sannes at 480.461.5307, log on to udallshumway.com, or contact an attorney in your area.