Civil litigation takes place when two or more parties become embroiled in a legal dispute seeking damages or specific performance as retribution. Types of civil litigation performed by Stewart Law include:
Most civil litigation in which Stewart Law performs involves a breach of contract. In order for a case to be viable enough to take before the court, the following must be true:
The defendant can and should give reason why the alleged breach is not really a breach of contract. Defenses for this include:
Remedies for a breach of contract include:
Before filing a claim for a civil litigation case, it is important to consider the amount of investment it will take to file and make your case. Click the link below to see the fee schedule for Brevard County Clerk of Courts. Small claim’s filing fees start at $55; civil litigation fees can grow as large as $400 or more. Second, attorney fees for writing and defending the complaint in court can add up as well. You can estimate that the minimum of 3 hours will be billed to get a plaintiff to his/her first hearing. In 2012, the average hourly rate for associate attorneys was $370 per hour (Source: ABA Journal). Third, litigation can be time consuming and court dates are mandatory.
If litigation is still warranted, it is best to meet with a couple of attorneys to see who will have the most promising plan for litigation. A good attorney will not be so quick to rack up billable hours, but should attempt a formal demand letter to settle the case before getting the courts involved.