Litigation: The “Civil” Process of Resolving Serious Disputes
Litigation attorneys gather and analyze the facts surrounding a dispute, in order to appreciate the strengths and weaknesses of their client’s case and opponent’s case. In some situations, the dispute may be resolved through phone calls, letters, or forms of alternative dispute resolution. Although some parties may be able to reach a compromise quickly, others may take months or years, and may require a resolution by a neutral and unbiased judge or jury. A litigation attorney zealously advocates for their client in conferences with opposing counsel or court appearances. Throughout the litigation process, the attorney may consider solutions by which a dispute might be resolved in a manner satisfactory to all sides.
Here are answers to a few of the questions that are frequently asked of our litigators.
Q.What’s the difference between a civil and a criminal case?
A. Generally, a civil dispute involves two or more private parties (a “Plaintiff” and a “Defendant”), and each party hires its own private attorney. The relief granted is typically in the form of a monetary payment, or a court order mandating or prohibiting a particular course of action.
Generally, a criminal case attempts to vindicate the interest of the community at large by punishing illegal conduct through a fine, probation, or imprisonment. The District Attorney represents the “People,” and a private attorney or public defender represents the “Defendant.”
Q. How long will a lawsuit take?
A. The time frames vary greatly and depend on several factors, including the complexity of the legal and factual issues, the contentiousness of the parties and opposing counsel, time constraints imposed by the conflicting schedules of the attorneys and witnesses, and court dockets.
Q. Can you make the other side pay for my attorney’s fees?
A. Generally, with a few exceptions, each party must bear his or her own legal fees, costs, and expenses. The exceptions include contract disputes where the contract itself provides for attorney’s fees, or situations where a statute specifically authorizes payment of attorney’s fees to the prevailing party, such as many civil rights and consumer protection-type claims.
McConville Considine Cooman & Morin, P.C. handles a wide variety of civil litigation matters. For litigation-related questions, please contact our litigation attorneys: Kevin S. Cooman at (585)512-3502 or kcooman@mccmlaw.com; Peter J. Weishaar at (585)512-3542 or pweishaar@mccmlaw.com; or Kristen M. McCormick at (585)512-3526 or kmccormick@mccmlaw.com.
This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.
About MCCM
McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979. With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.
We represent a diverse range of clients located throughout New York State and New England. They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts. For more information, please contact us at 585.546.2500.