BEST PRACTICES
BUSINESS LITIGATION CAN BE A LONG AND
OVERWHELMING PROCESS WITHOUT GUIDANCE
If you haven’t been involved in litigation before, the process
can be overwhelming. The term business litigation covers a wide
variety of cases including breach of contract, partnership or
shareholder disputes, disputes between owners of a business, real
property, and even cases outside of a traditional business context
like probate and trust disputes, to name a few. Whether you are
an individual, a local business, or a large national corporation, a
case will follow the same basic lifecycle, which is described below.
DEMAND LETTER
If you have been wronged by someone, for example, you have
not been paid for the work your business performed; generally,
the first step would be to send a demand letter to the other party.
This is done in an attempt to try to negotiate an amicable resolution
Daryl Krauza is a shareholder in Dean
Mead’s litigation department where
he focuses his practice in the areas of
business litigation, construction law and
litigation, real estate litigation, quiet title
actions, bankruptcy, and creditors’ rights
within the Fort Pierce, Palm Beach, Vero
and Port St. Lucie area. He represents
several financial institutions and title
companies, and has experience litigating
complex probate and trust matters. For
questions about the business litigation
process and other litigation issues, contact
Daryl at dkrauza@deanmead.com.
BEST PRACTICES/LEGAL
DARYL J. KRAUZA
and introduce evidence, such as contracts, partnership agreements,
wills, trusts or email communications. At the end of the
presentation of evidence, the attorneys for both sides will give
closing arguments. At the end of the case, the judge or jury will
consider all of the evidence and render a decision.
IF THE NEED FOR
LITIGATION SHOULD
ARISE, HAVING AN
UNDERSTANDING OF
THE FIVE BUSINESS
LITIGATION PHASES
WILL HELP PREPARE YOU
AT THE ONSET OF THE
LITIGATION PROCESS.
without the expense and time of involving court action.
COMPLAINT
If the demand letter effort fails, the next step is to file a complaint
in the appropriate court. After defendants are served with
the complaint, they have 20 days to file an answer. If they fail to
timely file an answer, we will move for a default.
DISCOVERY
Although it can be done sooner, generally, once the answer
and any affirmative defenses are filed, the parties participate in
discovery. This includes requests for production of documents including
electronic documents such as emails and texts; requests
for admissions, interrogatories and depositions. This is the process
to collect admissible evidence that you believe will help you
prove your case or disprove their affirmative defenses. Generally,
all paper discovery must be answered within 30 days of service
of the discovery. After paper discovery is complete, the parties
will set the depositions of the witnesses. A deposition is where
attorneys for both sides are present with a witness and a court
reporter and both sides are allowed to ask the witness questions
about the case and potential testimony.
MEDIATION
Before a trial can take place, most judges in Florida require the
parties to attend mediation, where an independent mediator will
discuss the issues, facts and risks of going to trial with the parties
to attempt to reach a settlement prior to trial. A settlement is
completely up to the parties. The mediator can strongly suggest,
but cannot force a party to settle. If a settlement is reached, then
the case is over. If not, the case will be set on a trial docket.
TRIAL
Although lawyers aggressively advocate for the rights of their
clients, they strive, throughout the entire litigation process, to get
clients the best possible resolution without the costs and time of
going to trial. If an amicable resolution cannot be reached, the
case will go to trial either before a judge bench trial or before a
jury. At the trial, both sides give an opening statement, call fact
witnesses, possibly expert witnesses such as forensic accountants;
If the need for litigation should arise, having an understanding
of the five business litigation phases will help prepare you at
the onset of the litigation process. Our attorneys have significant
experience litigating all of these matters for a wide variety of
clients, and will effectively and efficiently help clients every step
of the way. v
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