Experienced Frisco and Plano Business Litigation Lawyers Answer Frequently Asked Questions
Albin Roach is a premier litigation law firm. Our attorneys regularly appear in the Collin, Denton and Dallas County Courts that cover cities such as Plano, Frisco, McKinney, and Allen and believe educating clients is a key component in effective representation. At every stage of the litigation process we advise clients on best practices and risk mitigation plans that can help them avoid disputes whenever possible and successfully resolve problems that do arise.
Below, our Plano/Frisco business litigation lawyers answer frequently asked questions related to the litigation process. We invite you to contact our law firm with additional questions and to discuss your case in detail.
- Why should my business retain a lawyer with litigation experience to draft contracts?
Effective contractual language helps avoid disputes between parties. A trial attorney who has defended or attacked contract language in front of a judge or jury can better anticipate potentially contentious legal issues and draft provisions that avert potential problems down the road. In essence, by participating at the end of many of these disputes in court, an attorney with litigation experience is better at envisioning what that battle looks like and help steer around it and avoid it. Further, litigation counsel includes important provisions that can sometimes determine the outcome such as venue – where the fight occurs.
- Why is it important to seek legal advice early when a dispute arises?
Taking action at the initial stages of a dispute saves time, money and stress. With your legal counsel’s guidance, you can plan a strategy that best positions yourself for the dispute by responding in ways that puts you in the ‘white hat’ in court, or even better, it minimizes damages to your business and may even avoid litigation. If you do go to trial, your lawyer’s early involvement typically improves your chances for success.
- What is “discovery”?
Discovery is the formal process whereby parties exchange information related to the legal claim. In a typical case, discovery may involve sworn depositions, written interrogatories, requests for the production of documents and subpoenas for documents from third parties.
- How long before my case goes to trial?
The length of your case depends on your business’s individual circumstances. Complex issues may require more extensive investigative and discovery processes. In addition, some cases involve numerous hearings, which must be scheduled on the judge’s busy docket. These factors may lengthen the time between filing the initial petition and taking your case into the courtroom. Finally, the venue of your dispute affects the timing. Not only the county your dispute is in but also the actual court to which you are assigned greatly affects the anticipated length of the dispute. Our experienced attorneys can help predict that for you so that you are able to plan accordingly.
- What types of remedies are available in a civil litigation case?
Depending on your circumstances, you may pursue monetary damages such as actual, statutory or punitive/exemplary damages and attorney’s fees and/or injunctive relief in which you are seeking to restrain or prevent another party from committing certain actions or compelling them to take certain actions as more fully described below regarding injunctive relief.
- What is injunctive relief?
An injunction is a court order mandating the party do or stop doing something. For example, specific performance requires a party to fulfill the terms of a contract in a breach of contract claim. Or, a court might prohibit a company from using your business’s trademark in an intellectual property infringement dispute.
- Are there dispute resolution alternatives to litigation?
Mediation and arbitration are effective means of reaching resolution without taking a case to trial. Mediation is a method for negotiating a settlement between disputing parties with the guidance of a trained facilitator. Arbitration is a quasi-judicial procedure in which an arbiter enters a binding decision based on the evidence. Your Frisco and Plano business litigation lawyer can represent you during these alternative dispute resolution processes and even help facilitate and initiate the process that would most help you reach your intended result.
- How can my business benefit from mediation?
When deciding whether mediation is right for your business, consider the process often:
- Costs less than trial
- Expedites resolution
- Keeps information confidential
- Preserves business relationships
- Allows you control over the result
However, numerous circumstances exist in which you can reach better results and best protect your interests through litigation. Your business litigation lawyer can recommend the appropriate course of action for your business.
Get the Answers You Need From Our Experienced Frisco and Plano Business Litigation Lawyers
Albin Roach answers questions about commercial, contractual, construction and real estate litigation. Call our law office at 214-423-5100 or contact us online to learn more about our trial and alternative resolution services in Frisco, Plano and throughout North Texas.