How the Legal Process Works for Businesses in California
Nobody wants to find themselves in a situation where a lawyer is required, but let’s be honest sometimes there is simply no other option. The legal process can be a long and bitter one for all parties involved. However, when that final verdict comes, you either walk away feeling vindicated or victimized.
The legal process can be a tricky one. Our attorneys at TencerSherman know this reality very well. So we’re going to try and explain how the process might play out and help you prepare yourself for a legal victory.
What Do You Need A Lawyer For?
When it comes to needing a lawyer, the reasons can vary, and which side of the legal fight you’re on will matter.
If you’re the defendant — you or your business is being accused of something — it’s time to lawyer up and fight the case with everything you have.
If you’re the plaintiff, then you’ve got a legal axe to grind with someone, or some entity, which has gone beyond the bounds of the law to harm you and your business.
Some cases require a lawyer purely for legal standing and not with the intention of suing or being sued. However, there are many legal requirements that business owners/partners aren’t even aware of, so having a lawyer guide you through this process is essential to your business standing in the eyes of the law.
Common reasons to need a lawyer for your business can include:
- Unfair Business Practices
- Contracts
- Business Torts
- Business Litigation
- Business Purchase and Sale
- Business Dissolution
- Partnership Disputes
- Trade Secrets
- Contract Breach
- Corporate Formation
This by no means is the full and complete list, as there are other factors that demand legal intervention. However, these are prevalent needs of a business for lawyers and law firms like TencerSherman.
The Process
The process for most legal proceedings is rather standard. Of course, there are always going to be subtle differences, but the pillars remain the bedrock of legal matters.
Finding Representation
The first step is getting in touch with a lawyer or law firm that can represent you and your business in your upcoming legal battle. Be sure to do your research and find the right fit for your case, but also a firm that has your best interest at heart. Our attorneys at TencerSherman take our clients in and guide them through every step of the process and fight to win.
Pleadings
Litigation always begins when the plaintiff brings forward the complaint to the court and then the defendant.
If you’re the plaintiff, then you’re going to be the one going through the motions of hiring a lawyer to file the suit. Never walk into a legal proceeding without representation from the get-go. A trained lawyer like our attorneys at TencerSherman is well-versed in California business law and knows how to approach legal proceedings with nuance.
If you’re the defendant, you’ll be getting papers served to you, which is never a fun experience.
Discovery
It’s time to go through everything with a fine-tooth comb to understand every minuscule detail about the case. Preparation is one of the be-all and end-all parts of legal proceedings. Going in unprepared means you’re allowing the other side to fire shots at you while you’re blindfolded. You cannot avoid the bullets and are hit with information you weren’t aware of, which is never the ideal outcome.
Trial
Trials are where things become most serious. You’re now stating your case to a group of strangers in the hopes of convincing them you’re on the right side of the fight.
You’ll have a certain amount of time to state your case, layout the timeline, bring witnesses, run through evidence, and cross-examine anyone and anything necessary to the case.
Some trials will be standard ‘bench trials,’ which are cases decided only by a judge and not involving a jury of any kind.
Suppose the verdict comes up against you, and your lawyer believes there is a way to ignore a jury’s verdict. In that case, they can request a motion for judgment notwithstanding. The reasoning will need to prove that there’s legal standing for ignoring the jury’s verdict and allow the judge to determine the verdict.
Finally, the one thing that can come from a legal loss or win is that most lawyers ensure that a motion is filed to have the losing side pay the winning side’s legal fees.
Appeal
If you’re not happy with the outcome, you can appeal the case. Some appellate courts might decline the case due to reviewing it and agreeing with the verdict. Others might see room to demonstrate further how the law favors the side that initially lost the case in hopes of overturning the lower court’s judgment.
Avoiding Trials All Together
Listen, no business should be wanting to go to court until they’ve exhausted every available option. Settling disputes outside of the courtroom is possible. Here’s how;
Step One: Make sure both parties are represented by practicing business attorneys like some of our outstanding lawyers at TencerSherman.
Step Two: Approach the idea of mediation, collaboration, or arbitration, which are widely used means of ADR (Alternative Dispute Resolution).
Step Three: Depending on the option you went with, find a way to reach an agreement that serves both parties involved and meets their requirements to settle the dispute.
To effectively do this, you need to approach the situation with clear intentions, understanding your position and where you stand on resolution tactics. The tone has to be set from the start, and consistency is key. Lawyers are like sharks, and they attack when you show your hand, so make sure your lawyer is up for the fight.
Final Thoughts
Make sure you’re prepared and go into your legal case with the best in the business. If you need to lawyer up, get in touch with us today at TencerSherman and let us win this battle with you!
Our attorneys are experts in California business law and have a healthy record of fighting the good fight for our clients and delivering results.
The first step is always reaching out to lawyers you can trust.
