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Civil Litigation
We represent professionals, small business owners, property owners, and other clients with the goal of protecting their assets against potential litigation, judgments, liens, and fraud.
Litigation should never be taken lightly, no matter how weak you think the case against you is — or how strong you think yours is. Any litigation case can cost a great deal of your time and money, and if not handled properly, could also do great damage to your company’s brand or your personal reputation.
At Gianelli | Friedman | Jeffries, we represent clients in all facets of general civil litigation and business litigation, including disputes among partners and owners. Whether you are the litigant (the person or company who is being sued) or the complainant (the one doing the suing), we can help.
Our civil litigation attorneys work closely with clients to evaluate their potential claims or defenses related to the commercial, professional, employment, or personal dispute that is the subject of litigation. We represent clients before administrative agencies, alternative dispute resolution proceedings such as mediation or arbitration, jury or court trials in state and federal court as well as proceedings before appellate courts. We help clients prepare their case and counsel them on steps and procedures involved. A skilled civil litigation attorney can help clients leverage their negotiating position to reach a beneficial settlement which may be the most appropriate and economical manner of handing certain cases. However, when a dispute cannot be resolved satisfactorily, taking a case to court may be the best or only option. Our civil litigation attorneys will engage and work closely with experts including investigators, accountants, economic impact analysts, and other relevant professionals to ensure the court process is managed with your best interests in mind.
FAQ
Q: What is Civil Litigation?
Civil Litigation is a lawsuit between two or more people or entities that does not seek criminal sanctions. The remedy sought is usually money or a judgment that requires one party to do something or to stop doing something. There are many cases which may involve litigation, such as landlord/tenant cases, accident cases, breach of contract cases, discrimination cases, business disputes, medical malpractice, etc.
Q: How long will this take?
The time it takes for a lawsuit to proceed through the judicial system varies with the complexity of the issues involved, the number of parties involved and the county in which the suit is brought. Expect the wait to be one year at a bare minimum, but in very complex cases, 18 months to two years is not uncommon.
Q: Are there alternatives to litigation?
Various dispute resolution alternatives are often used by parties to reduce the expense and delay associated with litigation. Alternative Dispute Resolution (“ADR”) is a term used to describe a wide array of dispute resolution processes. These include mediation, negotiation, case evaluation, and binding arbitration. ADR not only can reduce expense and delay, but can also improve results because the parties retain control, especially in mediation, and therefore have broader freedom and authority to fashion outcomes by agreement than any trial court would have to order outcomes. Although many of these dispute resolution alternatives have common features, there are significant differences and you should consult an experienced attorney before selecting any manner of proposed alternative dispute resolution.
Q: What is the difference between mediation and arbitration?
Two of the most commonly used dispute resolution alternatives are mediation and arbitration. An experienced attorney will understand and weigh the advantages and pitfalls of each.
Mediation is a voluntary process in which a trained neutral third party (the mediator) assists the parties in reaching a negotiated settlement without imposing a solution to the dispute. With mediation, the parties are more in control of the outcome and are free to walk away from the negotiating table at any time. However, any agreement that is reached will be enforceable as with any contract.
Arbitration is a form of private adjudication in which a disinterested third party (the arbitrator), hears the evidence and decides the case. In stark contrast to mediation, arbitration requires the parties to voluntarily relinquish control to this third party. Either before or after the dispute arose, the parties executed a contract or will execute an agreement to submit their differences to a binding decision that results from the arbitration hearing. The arbitrator is akin to a judge and the process is likened to a trial, except that it is usually conducted in a conference room and formal rules of evidence usually do not apply. In California, the arbitrator’s decision is almost always binding on the parties in that there are few legal grounds to appeal an arbitrator’s decision.