Litigation

Litigation is the legal procedure for settling disputes. A typical litigation would involve a plaintiff or the complainant, a defendant or the respondent, and a legal issue that is disputed by the two parties. The term "litigation" is synonymously used to refer to tort cases, although this is not always the case. Almost all areas of the law, such as divorce, custody, intellectual property, and employment, can lead to litigation. There are also areas of law that cannot lead to litigation, such as estate planning.

Litigation is crucial to the development of the law and the legal system as litigation brings to light new issues. These issues can lead to a change in current legislation or legal procedure or the enactment of new ones. A trial is not litigation. It is only a part of litigation. Litigation often do not end up with a trial. In fact, expert attorneys know that trial should be avoided at all costs as they are lengthy and expensive.

Litigation is a long process that starts the instance two parties cannot agree on a law. As soon as controversy arises, it is crucial to employ the counsel of an expert attorney, ideally of the area of law disagreed upon by the parties, so that the parties are appropriately advised. The bulk of litigation law is procedural, and legal procedure varies greatly from state to state. Each state has its own civil rules of procedure that lays down the requirements that parties to a litigation must comply with. Aside from the variation of civil rules of procedure in each state, certain cases also require additional or different procedures to be followed.

Litigation is a lot of work, if not done by an expert. A lawsuit is not the first option for parties in disagreement. A lawsuit may even be the last resort for disagreeing parties. In order to avoid suits, one of the parties, especially the aggrieved one, would send a letter demanding that the other party perform certain acts to avoid legal action. In foreclosure cases, the bank or the lender sends a letter to the borrower demanding that the borrower pay the unpaid principal and/or interest before the bank files a suit seeking foreclosure of the mortgage. Lawsuits are expensive for both parties so they to avoid it. A carefully-crafted demand letter that conveys well the issues and the remedies can avoid the filing of a suit.

If a dispute cannot be resolved through the demand letter, then the aggrieved party's resort would be to file a suit. Lawsuits are subject to different set of rules, and all the steps of a lawsuit has accompanying rules. The foremost rule that a filing party must take note of is the statute of limitations for filing suits. The statute of limitations varies from state to state, and for each type of claim or suit. A delay of one day can cause the dismissal of a claim or suit. Once a suit or a claim has been timely filed, the plaintiff must take note of the rules of evidence, which, just like all other rules accompanying litigation, vary from state to state. Discovery comprises the bulk of litigation, and it is in this stage that professional help is needed as this is the stage where arguments are built upon. Following discovery, either or both of the parties can file a motion for summary judgment. If a court grants a defendant's summary judgment motion, then the case will not proceed to trial, which means the plaintiff loses the case. If the case moves to trial, that is another area that will be needing not just an expert attorney but also an expert litigator.

Areas of Law

Collaborative Law - Legal Information and Resources

Collaborative Law

Collaborative law governs the process under which two parties agree to resolve their legal problems amicably and avoid the court at all costs. Under collaborative law, the parties and their attorneys sign a participation agreement signifying their intent to work with, rather than fight, each other. Because the premise of collaborative law is out-of-court settlement, the process will be terminated and the attorneys of both parties will be disqualified from the process.

The collaborative law process may have different nuances in each state, but there are commonalities, foremost of which is the parties' and the attorneys' agreement to not go to court. The goal of the collaborative law process is for each party to win at the end of the process, thus each party agrees to honestly disclose all materials needed to resolve their disputes, share experts, and respect each other. This means that one party will not make the error of another party a basis to strengthen his case. Rather, both parties will aim to identify errors and correct those errors. This is in contrast with the adversarial nature of litigation where parties typically hide documents from each other and hire experts to destroy the other's arguments. In divorce proceedings, where the collaborative law process is commonly utilized, the parties agree to insulate the children from the process and will agree to come up with terms that will have least impact on the children. Both parties, under the collaborative law parties, agree to share the costs of experts and other expenses.

It is important to note that one of the difficulties in the collaborative law process is the agreement not to go to court. Especially in divorce proceedings where the issues are sensitive and one party may have been emotionally hurt by the other party, it is difficult not to be adversarial. This is exactly the reason why it is important to seek the counsel of collaborative law attorneys who are trained to take into consideration the sufferings that each party are experiencing so that an amicable solution will be reached. Collaborative law attorneys are also in the know as to the experts needed to bring to the table to help the parties in all areas of their disputes. These experts could include psychologists, financial advisors, accountants, counselors, etc. The most important expert that would be brought to the table would be a child specialist as one of the goals of the collaborative law process is to insulate the children. Bringing in a child specialist is important in order for the child to be assured that, at the end of the divorce, he will lose neither parents. Moreover, seeking the help of a child specialist would help the child gain a voice in the proceeding, so that the parties will be able to view the disputes from the child's perspective and gain insights from the child as to the solution.

Not all legal disputes can be resolved through the collaborative law process. Statistics, however, show that those who employed the collaborative law process reached a settlement earlier than those who choose to settle their disputes in court. Court proceedings are not just lengthy and emotionally-taxing. They are also financially draining. In a collaborative law process, costs are kept at bay because the parties, which include the collaborative law attorneys, work hand-in-hand to a settlement.


Areas of Law

Controlled Substance Law - Legal Information and Resources

Controlled Substance Law

The United States, recognizing the danger of the use of certain substances for non-scientific and non-medical purposes, is in joint cooperation with the rest of the world in controlling the manufacture and distribution of these substances. These substances, while known to have legitimate medical use, are dangerous when used without prescription and are habit-forming.

The Controlled Substances Act categorizes these substances under specific schedules. States adopt the schedules in a similar way. The drugs identified in the schedules under the CSA change from time to time, as a result of new research findings on the effect of their abuse or on specific incidences that lead to the drug's becoming more dangerous. Substances under the Controlled Substances Act may be purchased legally with permission. Controlled substance law prohibits the unauthorized possession of these drugs. Laws governing controlled substances are in place in both federal and state level, as the government has recognized that increasing interstate and foreign trade of these laws.

Violations of controlled substance laws can result to penalties, which include fines and prison time, the severity of which may be determined by the quantity of the controlled substances involved and whether the offender has past convictions for similar crimes. Controlled substance law is complicated. Prosecutors will determine the charge, depending on his interpretation of the investigation completed by law enforcement agencies. When facing charges of violation of controlled substance law, it is a good idea to retain the help of a controlled substance law attorney in order to review the charges to be filed by the prosecutor. Offenses enumerated under controlled substance laws differ by specific words and these words can mean a lot in terms of penalties and prison time. A controlled substance law attorney has knowledge on every nook and cranny of the language of controlled substance laws, giving the defendant assurance that he cannot be charged for a crime he didn't commit. Moreover, ordinary citizens are not in the know as to the specific substances listed under the CSA, and, often, their possession of a certain drug may be as a result of innocent unauthorized possession. The law, however, does not excuse ignorance, but it will help if the defendant has a controlled substance law attorney who will try to bring down penalties or jail time.

Like all other crimes, persons charged with violations of controlled substances law are granted rights so that they are protected from unreasonable search and seizure. Law enforcement agencies in the United States are zealous in their pursuit of controlled substances law violators. It is typical for law enforcement agencies to conduct search and seizure without the appropriate warrant under certain circumstances, often resulting to invasion of the individual's privacy. Searches are usually conducted in numerous ways, such as traffic stops, wiretapping or eavesdropping. When a search and seizure is conducted illegally, the defendant can bring that up in court as the evidence resulting from such search and seizure, which were illegally obtained, cannot be used against him. The defendant, however, must need an attorney so that whatever he says cannot be used against him.

An expert controlled drug law attorney would also be informed of alternative sentencing and can advise a defendant to plead guilty to the drug crime in exchange for lesser fine and jail time or for a so-called "drug court," which involves a more-relaxed proceeding aimed to give drug abusers the chance to lead a clean life.


Areas of Law