Cleveland Civil And Business Litigation Lawyers
Last updated on December 20, 2023
During a legal dispute, an experienced litigation attorney will advocate on your behalf to protect your rights and best interests. Our civil litigation lawyers at Cavitch Familo & Durkin represent businesses and individuals in northeast Ohio and beyond in front of administrative agencies and in state and federal courts.
Advocating on behalf of business clients and individuals alike, our client-centered approach allows our team to develop and implement legal strategies that efficiently and effectively resolve your legal conflicts. We will work closely with you to understand your goals and objectives, evaluate potential risks and provide the highest quality legal service possible. We strive to be accessible, provide quick and thorough responses, and keep clients informed every step of the way.
Protecting Clients Navigating Civil Litigation
Our litigation attorneys have extensive knowledge and experience providing legal representation for a broad range of general civil and business disputes, including:
- Breach of contract, or contract disputes
- Shareholder, membership and partnership disputes
- Business torts, unfair competition, conversion and fraud
- Employment disputes, including discrimination, noncompetition agreements, and wage and hour issues
- Real estate disputes, including boundary disputes or issues with title insurance
- Class action and multidistrict litigation
- Probate disputes, including will contests and breach of fiduciary duty
Civil and business litigation can encompass a wide range of legal matters and overlap in a number of different practice areas. The lawyers at our full-service firm have the experience to handle whatever issues arise within your legal conflict.
Preemptive Planning To Avoid Disputes
Becoming involved in a legal dispute can be frustrating, risky, time-consuming and expensive. Therefore, we strive to work with clients to establish and implement policies, procedures and contracts to minimize the likelihood that a dispute will arise. However, when conflict cannot be avoided, you can rely on our skilled attorneys to guide you through the litigation process from the commencement of a lawsuit through trial or resolution through negotiation, mediation, arbitration or any other alternative dispute resolution procedure. Our goal is to achieve the most favorable result for our clients while minimizing the effect that litigation can have on their daily lives and ability to operate their businesses.
What Should I Do First After My Business Has Been Served With A Lawsuit?
Generally, a business entity should immediately log the exact date and method of delivery and contact legal counsel. In commercial litigation, missing responsive pleading deadlines can trigger a default judgment, which may jeopardize corporate assets or forfeit key defenses. Standard risk mitigation typically involves pausing any communication with the opposing party regarding the dispute, preserving all internal files and electronic data, and having a qualified litigator promptly evaluate jurisdictional issues, statute of limitations and similar deadlines, and other strategic considerations necessary to establish a defense.
What Is The Difference Between A Settlement And Going To Trial?
A settlement is a private, negotiated contract that allows the parties to dictate the terms, manage risk, and ensure a certain outcome. A trial is a public, formal court proceeding where a judge or jury holds final decision-making power over the dispute.
Trials can be unpredictable and frequently demand significant liquid capital and executive time. Conversely, a structured settlement allows a business to cap mounting legal expenses, shield proprietary business practices, protect brand reputation, and establish predictable expenses so management can redirect focus back to core operations.
What Is The “Discovery” Phase, And What Will Be Required Of My Company?
Discovery is the formal, mandatory pre-trial exchange of information, documents, and evidence between litigants. From an operational standpoint, this requires a rigorous internal review. Companies are typically required to preserve and produce relevant emails, messaging logs, financial records, and corporate contracts and records.
Additionally, corporate officers or key personnel may be required to answer written questions under oath or sit for depositions. The legal team at Cavitch works to manage the scope of these requests to safeguard proprietary data and thoroughly prepare corporate teams for the deposition process.
How Long Does A Typical Commercial Lawsuit Take From Start To Finish?
A straightforward contract or collections dispute can span several months to a year or more, while complex commercial litigation involving multiple parties can last years. The timeline is heavily dictated by court dockets, venue, the volume of data requiring review during discovery, and the tactical positioning of both sides. After conducting an initial case assessment, your attorney can outline a realistic timeline mapped to specific procedural phases.
If My Business Wins A Lawsuit, Will The Other Side Be Ordered To Pay Our Legal Fees?
Generally, no. Under the “American Rule,” civil litigants cover their own attorney fees. However, fee-shifting can occur under specific circumstances., such as when the terms of a disputed contract require the losing party to pay the winning party’s fees, when the winning party prevails on a claim based on a statute that mandates at award of attorneys’ fees to the winner, or when the prevailing party demonstrates that its opponent acted in “bad faith.” Your legal counsel can evaluate whether specific claims involve statutory provisions that allow for fee recovery, or if the underlying commercial contract contains an enforceable “prevailing party” attorney fee clause.
What Are The Alternatives To Formal Court Litigation?
To bypass the public court system and reduce overhead, businesses frequently utilize Alternative Dispute Resolution (ADR) to resolve commercial conflicts:
- Mediation: A structured, voluntary negotiation facilitated by a neutral third party aimed at finding a mutually acceptable business compromise. The parties retain total control over whether to accept the final agreement.
- Arbitration: A private proceeding where a selected arbitrator (often a retired judge or industry expert) or panel of arbitrators hears the evidence and renders a final, legally binding decision. It is generally faster and more confidential than a public trial.
Schedule A Consultation With Our Business And Civil Litigation Lawyers
If you find you are in the midst of a legal dispute or would like to discuss ways to avoid a potential conflict, call our office in Cleveland at 216-865-1718 or contact us to schedule an appointment. Our lawyers are prepared to begin working on your case right away.