Business Lawyer in Texas
Business Litigation Center
Frequently Asked Questions
Q: What does litigation of business disputes involve?
A: Litigation means filing a civil lawsuit to resolve a dispute. The process includes finding an attorney, filing a suit, conducting discovery, arguing pretrial motions, presenting the case at trial, and sometimes appealing the judgment. At any point throughout the litigation process, the parties may negotiate to settle the case.
Q: How can a business dispute be resolved without traditional litigation?
A: Alternative dispute resolution (ADR) is the name for various means of settling disputes, including arbitration and mediation, without undergoing traditional litigation. ADR is a popular way to resolve business disputes because it is usually less costly and quicker than traditional litigation.
Q: What is the difference between arbitration and mediation?
A: Arbitration is similar to a trial in that the parties present their respective arguments to a neutral arbitrator who makes a decision, presumably predicting how a court would decide. Mediation consists of an unbiased, trained mediator hearing the parties' arguments and attempting to offer a mutually acceptable compromise. Mediators often succeed by facilitating calm, reasoned discussion between the parties and offering them an unbiased view of the merits of each side's case.
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There are many options available today to businesses considering litigation. For example, many disputes are settled without ever filing suit in a traditional court. In many situations, alternative dispute resolution (ADR), discussed below, is perfectly suitable and less expensive than litigation in a court of law. For disputes over smaller amounts of money, the small claims or justice court is often a quicker and less costly venue than higher courts. Depending on the nature of the claim, a class action might be the best tool, and all business owners should have a basic understanding of how class actions work, in case they are sued in one.
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Litigation Procedure
If you are a business owner contemplating litigation or faced with defending a lawsuit, you will want to understand the basics of courtroom procedure, and you will want to be represented by a seasoned trial lawyer. With tactical planning and knowledge of the law, a good attorney can help keep you prepared for each step of your litigation. A business lawyer will be able to explain the differences in procedural requirements between the federal and various state courts. Your attorney will also be able to explain what the substantive law is and how it applies to your business issue.
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Small Claims and Justice Courts
Business owners often find themselves in disputes over relatively small amounts of money for which the county or state courts would be cost prohibitive and too tedious. For these situations, the small claims or the justice court is often the perfect forum. Litigants in the small claims and justice courts can and are well advised to be represented by an attorney.
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Appeals
Either party may appeal a trial court's judgment, and sometimes an appeal can be made immediately after a trial court's decision on a pretrial motion. Some appeals only challenge certain aspects of a judgment, while others allege that the entire judgment was wrong. Depending on the type of error, an appellate court can reverse a judgment, reverse certain parts of the judgment, review a case de novo (review the facts and conclusions of law without deferring to the trial court), or remand a cause to be reconsidered by the trial court. In business litigation, it is important to be represented by a trial attorney with a masterful understanding of the appellate process.
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Class Actions
In a class action, a large group of similarly situated plaintiffs sues with one or a few plaintiffs serving as representatives of the group. The plaintiffs can be individuals or business entities. When many plaintiffs have very similar claims, the class action is efficient for them, the defendants, and the court because it consolidates what would otherwise be hundreds or thousands of individual cases into one. Common subjects of class actions are dangerous products and securities fraud. If you feel that you may share a common complaint with many other plaintiffs, you should consult with a trial lawyer to determine whether your case could be brought as a class action.
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Business Litigation Center - Alternative Dispute Resolution
Alternative dispute resolution (ADR) is the name for various means of settling disputes, including arbitration and mediation, without undergoing traditional litigation. ADR is a popular way to resolve business disputes because it is usually less costly and quicker than traditional litigation. Businesses faced with legal conflicts should consult a
business lawyer in Texas to determine whether they can use ADR to avoid drawn-out courtroom litigation.
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Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.