Do I Need a Written Contract?

You may have been in the situation where you had an agreement with someone else to do something. It may have been a family member, a friend, a customer, or a service provider. You or the other person didn’t want to go through the formal process of putting it in writing because you have a close relationship, don’t want to offend the other person, or don’t want them to think you don’t trust them. Then something goes wrong. You discuss it with the other person and now there’s a dispute as to what you both actually agreed to, or you never talked about what you two would do if x, y, z happens. Do you have a breach of contract claim? Maybe. In this scenario, your first and most difficult hurdle in prevailing in a breach of contract lawsuit is the lack of a written contract. There are multiple reasons why you would want a written contract. Here are a few: It gives clarity regarding each person’s rights and duties. The process of creating a contract forces the parties to … Continue reading
Trial Preparation – Anatomy of a Lawsuit Part VIII

This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your specific state’s judicial branch. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. To recap, we’ve discussed some considerations before filing a lawsuit such as What is the Deadline to File a Lawsuit and Where to File a Lawsuit. We’ve also discussed How to File a Lawsuit, Responding to a Lawsuit, Discovery, and Mediation. Here’s a visual representation of what a lawsuit looks like. This article focuses on the phase within the blue circle. Although the above flow chart depicts trial preparation as a distinctive step before trial, in reality, your attorney is preparing for the trial from the minute s/he meets with you for a consultation. Trial considerations such as jury appeal, your credibility and the credibility of other witnesses, and the evidence available will influence whether an attorney accepts the case and what theories to pursue. Once a lawsuit is filed, each stage in the litigation is meant to prepare for trial: i.e., pleadings, motions, … Continue reading
Discovery Phase in Litigation – Anatomy of a Lawsuit Part VI

This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your specific state’s judicial branch. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. To recap, we’ve discussed some considerations before filing a lawsuit such as What is the Deadline to File a Lawsuit and Where to File a Lawsuit. We’ve also discussed How to File a Lawsuit and Responding to a Lawsuit. Here’s a visual representation of what a lawsuit looks like. This article focuses on the phase within the blue circle. Once the initial pleadings are filed in the case and assuming that the case survives the first phase, it will move into the discovery phase. This is a big chunk of the lawsuit and one of the most expensive phases of litigation and has numerous components some of which are: Research and Strategy Litigation is a dynamic process and no two cases are exactly the same. Therefore, research and strategy is an ongoing component of any lawsuit and will take place from the case’s … Continue reading
Responding to a Lawsuit in California – Anatomy of a Lawsuit Part V

This series applies to California lawsuits only. For rules regarding your state’s civil litigation procedure, visit the website for your specific state’s judicial branch. This is a very broad overview. Multiple considerations must take place and detailed analysis goes into each step. You wouldn’t operate on yourself so consult with a lawyer if you have a legal dispute. To recap, we’ve discussed some considerations before filing a lawsuit such as What is the Deadline to File a Lawsuit and Where to File a Lawsuit. We’ve also discussed How to File a Lawsuit. Here’s a quick orientation on filing a lawsuit in California. This article discusses the actions within the blue circle. How to Respond to a Lawsuit? Get thee to a lawyer – as I mentioned in Part VI, lawsuits are very deadline driven and blowing the deadline to respond to a lawsuit could result in a default judgment against you, which translates to you automatically lose. What is the Deadline for Responding to a Lawsuit in California? Within 30 days after service of the complaint. The clock starts to run the day after … Continue reading