Sometimes There are Reasons You MUST Litigate
Many businesses and individuals attempt to avoid litigation at all costs. It’s expensive, it’s time-consuming, and, regardless of which side you’re on, there’s no guarantee you’ll win the case. Any lawyer worth his or her salt will tell you there are certainly times when you should settle out of court. But are there instances when you should pursue a legal remedy in a court of law? Absolutely, there are occasions when it is best for you to take your dispute all the way through to a trial and even an appeal if necessary. Let’s face it, there are cases when you may find yourself in a dispute with another party and it seems to have no mutually agreeable solution. You can’t force the other side to settle, and when that happens you may have to hire a lawyer to litigate through a trial. And when that happens, you certainly want to be sure to hire a lawyer well-versed in courtroom litigation, such as those at ZinnLaw in Fort Myers, FL.
What is Litigation?
Simply put, litigation is the process of settling a dispute between two or more parties through the public court system. In other words, it means filing a lawsuit.
Technically speaking, litigation is a contested action where a judge, jury or someone else decides the fair and proper outcome of a dispute between two parties. The dispute is not settled through an alternative dispute resolution mechanism such as mediation, arbitration or collaborative law. However, the parties involved may settle before a trial, thus deciding the outcome without the intervention of a third party.
While effective, litigation does have its downsides. The process can be quite complex and may involve multiple hearings, temporary orders and other measures. While the specifics of each case differ, it can take years before a verdict is reached. If you choose to go this route, you must expect the process to be lengthy.
Because of the time — and associated expense — of litigation, many try to avoid going to trial. Out-of-court settlements reached through arbitration, mediation or other means offer alternatives to litigation. However, there are times when you have no option left other than litigation. That’s when you need the help of an experienced lawyer.
A litigation lawyer is the type of attorney who can represent you in court after a lawsuit has been filed. Litigators may be the prosecutors and defense attorneys in a criminal case, or they may be lawyers in court during a civil trial, which are the type of litigators we have at ZinnLaw here in Fort Myers, FL.
As Southwest Florida litigators, we are well versed in the rules of civil procedure in Florida, and in Lee, Charlotte, Collier, Hendry, Glades, and DeSoto counties. It’s important to hire a litigator who knows the rules of the court, because those rules set forth the proper procedures, the proper responses and the time period within which a party may file certain documents. Missing important deadlines can kill your case and result in a dismissal.
There are plenty of lawyers who never litigate, but at ZinnLaw, our lawyers are very experienced in litigation and can think on their feet. Once you are in court, you need someone who is experienced to handle the many things that can happen “on the fly,” from judges making inquiries into legal concepts, to lawyers who introduce new evidence. A litigator with experience is always a valuable addition to your lawsuit.