Civil Litigation Lawyer Serving McKinney & Collin County
Real Estate Law, Business Law & Employment Law
Joe’s team of McKinney attorneys accept cases from various areas of law and takes many cases that other firms have turned away because of certain challenges or because the case falls out of their typical practice areas.
Bring your toughest and most challenging legal problems to Joe Lucé’s McKinney civil litigation attorneys and expect attentive legal services for:
- Business lawsuits
- Contractual disputes and mediation
- Real estate law
- Employment law
- Environmental issues
All cases are equally important at our McKinney law firm, and we treat our clients accordingly. Our McKinney Law Office represents both plaintiffs and defendants who want a strong legal team on their side. Rely on our firm to give your case the attention it deserves.
Civil Litigation Causes
The term “civil lawsuit” describes any court case that is not considered criminal. The most common forms of civil suits include libel, slander, personal injury, and breach of contract. You can resolve the majority of civil litigation cases without ever stepping foot in a court of law.
Civil litigation cases occur fairly often, whenever one party seeks monetary compensation from another party or business. No prosecution occurs during the legal proceedings. Instead, the victim (or damaged party) will receive reparations equal to their personal losses. Cases that concern small damages do not ever reach the civil lawsuit stage. Instead, a small claims court handles the process. If you are not sure how to proceed in a civil litigation case, consider hiring a professional attorney.
Get Joe's McKinney Civil Litigation Attorneys
When it is time to take your issues to court, you want a tough civil litigation attorney driving your case forward through the civil justice system. Joe has more than 25 years of litigation experience and knows his way around a courtroom and alternate dispute resolution forums.
Get Joe on your side with a single phone call or visit the office. After a short consultation, he determines whether he can help you, and if Joe thinks he can bring the requisite experience and knowledge to your case, he starts working right away.
If Joe thinks your case is suited for a lawyer with a different skill set, he will refer you to a trusted colleague for legal assistance. His affiliated law firm, Lucé Evans Law PLLC, handles a variety of legal matters including criminal defense and estate planning.
Civil Litigation Procedure
A civil lawsuit arises due to a dispute between individuals, businesses, or other entities, including government agencies. Civil lawsuits include pleadings, discovery, trial, and finally an appeal at times. However, some parties just choose to settle voluntarily before an appeal process takes place.
While this entire process may appear quite confusing to the everyday individual, to an attorney, this is all second nature. It comes as easily as opening the morning paper. This is why so many parties benefit from hiring an experienced attorney who understands the world of civil litigation and can lend a helping hand in a time when it is needed the most.
You start by filing your paperwork known as pleadings, which will explain each side of the dispute by each party, respectively. Throughout the case, discovery will be used to gather information from third parties or each party. It can all be tricky to skirt around, so having legal counsel will help.
Three Phases of Civil Litigation
The three phases of civil litigation are pleadings, discovery, and trial. Pleadings are the initial paperwork each party files during the lawsuit. This paperwork will ultimately explain to the court each side of the dispute.
Next, the discovery process includes successful investigations into each party, including any relevant information from a third party source that may know anything about the case. Research into the law, any documents to be reviewed, and the organization of witness interviews to help clients and their lawyers assess a claim and make their defense. Depending on the case, the discovery phase could be quite large in scope.
Finally, the trial phase is a culmination of all the hard work completed by each party and their lawyers. At the trial, both parties will present their discovered evidence to support their given claim and defense to the jury or judge. An attorney drastically improves your chances throughout the entire process.
What Happens If the Defendant Does Not Respond to a Claim?
If you file a lawsuit, the court papers are served on the other party, and then they are given a certain amount of time to respond. If the defendant doesn’t respond to a claim, the plaintiff can request a default judgment in their favor. Typically the plaintiff would receive what they requested in the claim due to the defendant’s silence on the matter. It is never advised to ignore court papers after you have been served. If you need to file a suit and the defendant has been non-responsive, you need to talk to an attorney right away.
What Should I Take With Me When I Meet My Attorney?
When you meet with your attorney for an initial consultation, you will want to bring any court papers that have been filed in your case, any letters from the other party, your medical bills or damage estimates, and a personal statement regarding what occurred in your case. The statement should be objective, fact-based, and straight to the point. If you make all the information accessible to your attorney, it can help get your lawsuit filed much faster.
What Are Some Alternatives to Starting a Civil Suit?
Going through a civil lawsuit can be stressful, but depending on the situation, it may be necessary. You can always try alternatives to litigation before filing your civil suit. An attorney will initially send a demand letter to the other party. The letter explains your damages and your intention to file a lawsuit if they do not respond within a certain amount of time. You can also request alternative dispute resolution alternatives such as mediation or arbitration. If the other side agrees, these can be cheaper than trial and still result in a good outcome for your case. If the other party does not agree, then you may be forced to pursue a lawsuit as a means of recouping your damages.
How Does a Civil Litigation Get Started?
A civil lawsuit arises as a direct result of a dispute between people, businesses, or another entity such as a government organization. The lawsuit proceeds through a few distinct steps: pleadings, discovery, trial, and a potential appeal. Parties can choose to halt the process of their volition at any time to settle the case. The majority of civil litigation cases never actually reach trial. To start, each party will file initial papers, known as pleadings. These pleadings explain each side of the dispute. Litigation begins when the plaintiff officially files a complaint with the court of law and formally delivers a copy of the complaint to the defendant. The defendant then has a specific amount of time in which to file their response to the complaint. The answer will offer their side of the dispute. The defendant may also file a counter-claim against the plaintiff.
What Kinds of Things Should I Consider Before Pursuing a Civil Lawsuit?
Lawsuits are serious. They require time, energy, and money. Before pursuing a lawsuit, you’ll need to reflect on the situation. Not everyone has a valid claim — one that can be resolved using legal action. Do you? If you’re involved in a car accident, for example, and the other individual refuses to pay for damages, then you have a valid claim.
Next, you need to think about whether or not you have any standing — in other words if you’ve been substantially affected by the matter. For example, in the above situation, you would have proper standing if you were injured in the accident. To take it to the opposite extreme, you cannot file a complaint against a local construction company if their building is hideous. You’ll have no standing for the case. Speak with an attorney to consider whether or not you have a case.
How Do I Know If I Have a Legitimate Claim for a Lawsuit?
Any lawyer will tell you to sit down and carefully consider whether filing a lawsuit is the right move. This process is lengthy and costly. It doesn’t always have a positive result.
Of course, legitimate claims for lawsuits can vary. For example, if you’re on a cruise ship and the captain grounds the ship while inebriated, then you should certainly file a lawsuit against the cruise ship company for negligence. As a rule, the circumstances must be serious, and you must prove you’ve been directly affected by the incident. You cannot file a lawsuit for slander against your cousin. That case does not directly affect you or your standing. Only your cousin is affected. As you can see, there are several factors to consider. The easiest method to determine whether or not you have a valid claim is to speak with an attorney.
Many civil litigation cases are resolved without needing to go to court. Attorneys can often come to a resolution through negotiation, mediation or arbitration.
Civil litigation covers a broad area of focus including construction disputes, contract disagreements, corporate disputes, real estate law and employment lawsuits.
Alternative dispute resolution is a method for resolving legal disputes privately. Common approaches include negotiation, mediation, collaborative law and arbitration, used as a method to end disputes in a fast, cost-effective manner.
Contact a McKinney Civil Litigation Attorney to Get the Personal Support You Need
Contacting our firm is the first step to getting the compensation you deserve. Contact us if you would like a 100% no-obligation of free legal consultation, call (972) 562-9700 for assistance with accidents and injuries in North Texas. Joe Lucé and his team represent clients in cities ranging from Fort Worth, Plano, Frisco, Allen, and more.