These days, being in business likely means that disputes will occur and resolution of these disputes often involve litigation. It is important that business clientele prepare in advance for these disputes by properly preparing agreements, leases, and contracts to provide the best possible insurance that the litigation, if it takes place, will be a quick resolution.
The reality, unfortunately, is that contracts, if they are written at all, are drafted at the speed of business and not at the reasoned speed that proper counsel would provide. In these situations, litigation may be necessary to interpret the provisions of these agreements and determine the relative rights and obligations of the parties.
The litigation process, when demands and negotiations fail, involves filing a lawsuit with a court of competent jurisdiction. As judges collectively believe that business solutions to problems, particularly with mutual consent, is superior to the uncertainty of a jury verdict, the process for litigation usually involves mutual document exchanges and depositions to ensure that all parties are fully evaluating their respective claims appropriately.
After the discovery process, if there is no settlement, a case is resolved either through a disposition without trial (like a motion for summary judgment), or through an evidentiary trial. Trials can be jury trials (before a jury), or bench trials (tried before a judge).
If you have an issue involving litigation or anticipated litigation in Texas, please contact an attorney with Lippincott Phelan Veidt for an appointment.