{"id":23,"date":"2013-11-12T23:00:59","date_gmt":"2013-11-13T07:00:59","guid":{"rendered":"http:\/\/dorfmanlawoffice.com\/wp1\/?page_id=23"},"modified":"2017-01-20T08:54:52","modified_gmt":"2017-01-20T16:54:52","slug":"civil-litigation","status":"publish","type":"page","link":"http:\/\/dorfmanlawoffice.com\/wp1\/civil-litigation\/","title":{"rendered":"Civil Litigation"},"content":{"rendered":"

Click to call (415) 389-9590<\/a><\/p>\n

Civil litigation usually involves a lawsuit filed in the court system, but can also involve administrative procedures or arbitration.\u00a0 Arbitration can take place through the courts in the context of a lawsuit, or privately, as where provided for by contract.\u00a0 There is currently some controversy involving how arbitration clauses are handled by California and federal courts, involving the preemption of state law.\u00a0 Dorfman Law Office can help you with all aspects of civil litigation.<\/p>\n

PROCEDURAL REQUIREMENTS<\/strong><\/p>\n

Whether you are a potential claimant or a defendant, it is important to seek legal advice at the earliest opportunity.\u00a0 All legal actions are subject to a statute of limitations which limits the time in which a lawsuit may be initiated.\u00a0 Some types of actions require steps be taken before filing a lawsuit.\u00a0 Some of these prerequisites have very strict time limits which can result in a complete loss if not followed.\u00a0 If you have been sued, you must respond in a timely manner, or risk losing without a chance to defend.<\/p>\n

ARBITRATION & MEDIATION<\/strong><\/p>\n

Arbitration<\/em> is a process involving a decision by a neutral person or panel.\u00a0 The parties to a controversy present their evidence, and the arbitrator issues a decision, similar to a verdict in a trial.\u00a0 If the arbitration is “binding”, that usually ends the matter, as there are very limited grounds to challenge or appeal such a decision.\u00a0 If the arbitration is not binding, a party may choose to reject the arbitration decision and go forward with a trial.<\/p>\n

Mediation<\/em> is a process which also utilizes a neutral, called a “mediator”.\u00a0 Unlike arbitration, the result is agreed to by the parties.\u00a0 Some contracts mandate that mediation take place before a lawsuit can be filed, but usually mediation is completely voluntary.\u00a0 The object of mediation is settlement.\u00a0 The mediator may be knowledgeable in the subject of the dispute and very skilled in the mediation process, but ultimately it is up to the parties to agree or not.<\/p>\n

SUBSTANTIVE AREAS OF LAW<\/strong><\/p>\n

Litigation can arise in virtually any area of law.\u00a0 Over the years Mr. Dorfman<\/a> has handled litigation involving areas of law as diverse as real estate, personal injury, business disputes, product liability, malpractice, employment, administrative, trade secret, commercial litigation, contracts, bankruptcy, civil rights, mass torts and landlord\/tenant.<\/p>\n

LITIGATION PHILOSOPHY<\/strong><\/p>\n

The best strategy is to avoid the events which trigger litigation.\u00a0 For example, having a clear contract drawn up to cover a transaction can go a long way toward preventing a lawsuit later.\u00a0 Of course, there are many situations which are unavoidable.\u00a0 In any case, it is important to evaluate the facts and law promptly, and prepare to win in court.\u00a0 Occasionally a letter or claim filing results in the resolution of the issue.\u00a0 Some cases can be disposed of through pretrial motions.\u00a0 Many matters settle before trial.\u00a0 Efficiently and effectively preparing for trial is necessary; the specifics vary and are often adjusted in consultation with the client.\u00a0 We are very fortunate to have trial courts and juries available for those important matters for which a reasonable settlement can not be found.<\/p>\n

Click to call (415) 389-9590<\/a><\/p>\n


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