Texas Business Attorney

Business Litigation Center - Overview

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.

If you are considering filing a lawsuit or are faced with defending one, you should seek out a skilled trial lawyer who can explain these options to you and vigorously represent you in your litigation.

Litigation Procedure

The civil litigation process is complex and requires extensive work, even if the case settles before going to trial. The process is governed by numerous federal or state rules, depending on the forum, and involves a number of steps, including:

• Filing a petition and answer and any subsequent amendments.
• Filing and arguing various pretrial motions, as applicable.
• Conducting discovery, including depositions, interrogatories, and requests for production.
• Attending the pretrial conference to determine the trial schedule and to address any last pretrial motions.
• Trial and judgment.
• Appeals, if a party believes that some part of the judgment was wrong.
• Proceedings to enforce a judgment, if necessary.

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. Both courts are presided over by the Justices of the Peace, and both courts have $5,000 limit on the amount in controversy. These courts are less formal, there is less pretrial procedure, and trial can usually be conducted much more quickly than in higher courts. The main difference is that procedure in the small claims court is even more informal than in the justice court. Litigants in the small claims and justice courts can and are well advised to be represented by an attorney.

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. Common subjects of class actions are dangerous products and securities fraud. 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.

Alternative Dispute Resolution (ADR)

Alternative dispute resolution is the name for various means of settling disputes, including arbitration and mediation, without undergoing traditional litigation. 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. Arbitration is typically quicker, less formal, and less costly than traditional litigation, but parties do not enjoy all of the procedural protections that they would have in a court of law. 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. Both forms of ADR are very popular for resolving business disputes.

Summary

If you are a business owner and you have encountered a dispute that you need help to resolve, you need to know what your options are. Whether you are considering suing to establish your rights or you are being sued, a seasoned Texas business attorney can advise you of those options, assess which one is right for you, and assist you in litigating your case.

< Back to Business Litigation Center Home