Thomas P. Finley assists clients with various business litigation matters in Dallas, Texas such as collection of accounts receivables, business disputes, breach of contract, commercial real estate, commercial debt collection, unfair business practices, and insurance.
Waco business lawyer Thomas P. Finley, Jr. also assists business clients who are or might become involved in a lawsuit because of business disputes, such as settlement, prevention, and/or attending alternative dispute resolution proceedings, including mediation.
The initial client consultation is the time the basic facts of the client’s litigation matter and usually some documents relevant to the claim are reviewed and discussed. Initial client consultation meetings are usually online or on the phone but sometimes in my law office or the client’s business office.
Contact information and methods for future communications between the client and lawyer and the attorney fee agreement is also discussed.
To schedule an initial client consultation with Business attorney Thomas P. Finley, Jr. contact me here.
Filing the Lawsuit: The process begins with the plaintiff filing a petition with the court. The petition must include the names and contact information of the parties, the basis for the claim, the relief sought, and any other relevant details as required under Texas Rules of Civil Procedure
Service of Process: After filing, the plaintiff must serve the defendant with the petition and a citation, notifying them of the lawsuit and their obligation to respond.
Defendant’s Response: The defendant must file an answer or other responsive pleading within the time specified by the court rules. Failure to respond may result in a default judgment.
After being served with a lawsuit or petition, the defendant may assert as many facts in defense of the claim or law matters as long as they are relevant to the case. However, in some circumstances, a defendant should present responsive pleadings in due or proper order. For example, a nonresident defendant’s special appearance motion to challenge jurisdiction needs to be filed before any other responsive pleading, including the defendant’s answer, or the defendant will be believed to have entered a general appearance.
Discovery Phase: Both parties engage in discovery to gather evidence. This includes depositions, interrogatories, requests for production of documents, and identifying witnesses with relevant knowledge. Discovery is governed by rules designed to ensure fairness and efficiency while controlling costs.
Pretrial Motions and Case Management: The court may hold hearings to address pretrial motions, such as motions to dismiss or for summary judgment. A case management order may be issued to set timelines for discovery, motions, and other procedural matters.
Alternative Dispute Resolution (ADR): Before proceeding to trial, parties are often required to attempt resolution through ADR methods, such as mediation or arbitration, as mandated by local rules or court policy.
Trial Preparation: If the case does not settle, both parties prepare for trial by finalizing witness lists, exhibits, and trial strategies. Pretrial conferences may be held to address any remaining issues.
Trial: The case proceeds to trial, where both parties present their evidence and arguments. The trial may be before a judge or jury, depending on the nature of the case and the parties’ preferences.
Post-Trial Motions and Appeals: After the trial, parties may file post-trial motions, such as motions for a new trial or to alter the judgment. If necessary, the losing party may appeal the decision to a higher court.
The above is a basic overview of the stages of a common litigation matter. They are for information purposes only and not exhaustive of the litigation’s subject matter. Of course, not all the matters mentioned will apply in every litigation case. Contact Dallas business lawyer Thomas P. Finley, Jr. for a consultation on your litigation matter.
Communication with Thomas P. Finley through social media such as Facebook, LinkedIn, and Twitter does not create an attorney-client relationship. We should construe no communication as legal advice in those media forums. Clients should not send their confidential or time-sensitive information to any social media platform posted on this website. Please carefully review our disclaimer for consultation on a legal matter.
