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Litigation refers to any legal action or proceedings between two opposing parties aiming to enforce or protect a legal right. In Fort Lauderdale, Florida, and the greater United States, this usually happens in the court system, but it may also occur in other forms of dispute resolution such as arbitration or mediation.
Several types of cases fall under the category of litigation, including civil and commercial disputes, personal injuries, criminal offenses, and family disputes, among others. The laws and procedures for litigation are complex, thus engaging a lawyer is advisable.
Experienced litigation attorneys can guide you through the complex legal process, helping you understand your rights, build a strong case, and navigate the court system. You might need a lawyer for civil litigation cases like personal injury, child custody, divorce, or business dispute. For criminal litigation cases, a lawyer can help you defend yourself against serious charges. You may also need a lawyer for estate planning, real estate disputes, and various contractual matters.
Fort Lauderdale, like all cities in Florida, follows the state's civil and criminal procedural codes for litigation cases. The Florida Rules of Civil Procedure govern how civil litigation cases must be conducted, setting the rules for everything from filing a complaint to delivering a verdict. Similarly, the Florida Rules of Criminal Procedure apply to criminal cases. There are also local laws and regulations specific to Broward County and Fort Lauderdale which may apply, particularly in relation to zoning disputes, real estate, and local business issues.
A litigation attorney, also known as a litigator, is a lawyer who represents plaintiffs and defendants in civil lawsuits. They handle all phases of the litigation from the investigation, pleadings, discovery, pre-trial, trial, settlement, and appeal if necessary.
The litigation process generally involves a preliminary investigation, pleadings, discovery, pre-trial, trial, settlement, and potentially an appeal. Every lawsuit case is unique and may not follow the general procedure due to different circumstances.
While it is possible to represent yourself in court, known as "pro se," it's usually not advisable unless the case is very simple and you fully understand the law around it. Litigation laws are complex and can vary greatly depending on the specifics of your case. Misunderstanding or misapplication of the laws can lead to negative outcomes for your case.
Choosing a litigation attorney requires consideration of factors such as experience, area of expertise, reputation, communication abilities, and their fee structure. Requesting a consultation can also help you assess whether they're the right fit for your legal needs.
There's no fixed timeline for how long litigation can take in Fort Lauderdale or anywhere else. It depends on the nature of the case, complexity, and kind of dispute, and can range from a few months to several years.
To pursue further research on litigation law, consider resources like Florida's official state website (MyFlorida.com) or the Florida Bar Association's website. These sites offer a wealth of information about the state's statutes, rules of procedure, and legal resources.
If you believe you need legal help with litigation in Fort Lauderdale, start by finding and contacting a few local attorneys who specialize in your particular area of need. Schedule consultations with chosen attorneys to understand their perspective on your case, and their style of working. Before making a final decision, consider their reputation, experience, area of expertise, and fee structure. Remember, engaging with an experienced attorney will provide you with the best chance for a successful outcome.
