If you or your company are entangled in a legal dispute with another party, a litigation attorney at McOmber & McOmber, commonly known as a “litigator” or “trial lawyer,” is here to represent you in the matter. Typically in civil litigation, a party, called the plaintiff, charges that another person or organization has failed to fulfill a legal obligation. Some common civil litigation cases are employment matters, personal injury, breach of contract, property disputes, and landlord-tenant disputes. By comparison, a criminal case is prosecuted on behalf of the government when, for example, an action such a theft or murder is alleged to be a violation of the penal or criminal code.
Navigating the Process
At McOmber & McOmber, experienced trial attorneys will manage and guide you through the litigation process. Civil ligation is divided into several stages, including intake, pleadings, discovery, pretrial proceeding, mediation, and trial. The client intake stage involves meeting with an attorney and discussing your unique legal situation. The attorney then investigates with a focus on building your case, by presenting your allegations in the most favorable light, reviewing documents, and conducting legal research.
During the pleadings stage, the trial attorney officially files your claim with the court. This document is called a complaint, which outlines your claims and facts. Once filed, the complaint is served on defendants (or their counsel), who are required to answer or respond by a specified date.
After the pleading stage is completed, the case enters the discovery phase, which is the most expensive and time-consuming part of the litigation process. Scheduled and supervised by the court, discovery is the exchange of questions and documents between each party. Information is exchanged through formal interrogations, depositions, and subpoenas to non-parties. At this stage, the information gathered is used by all parties to develop and strengthen the case or defense.
Finally, pretrial and trial proceedings involve each party’s attorneys meeting with the judge to resolve legal disputes, evidentiary issues, and jury selection, among other things. While the vast majority of civil cases settle before trial stage, after the jury is selected each party presents their case by admitting evidence, summarizing the case to the jury (known as opening statements), presenting fact and expert witnesses for testimony, presenting and moving key documents into evidence, cross-examining opposing witnesses, and arguing the evidence (as applied to the facts) in closing arguments.
Seeking Legal Counsel and Representation
If you believe that you need civil representation, it is imperative to consult with an experienced and reputable trial lawyer. Red Bank & Marlton trial and employment lawyers at McOmber & McOmber have been representing clients since 1974.