If you are a plaintiff, your action will start with the filing of a complaint with the court, and service of the complaint upon the defendant(s). You should not delay consulting with an attorney once you have been harmed. The reasons are two fold. First, the law imposes certain deadlines by which you must file a complaint or lose your right to bring suit. For example, in claims against a government entity, the law may require that you provide the entity with written notice and a demand regarding you claim within six months of your injury, or be precluded from filing a lawsuit against the government entity. Second, as time goes on, memories fade, and witnesses and evidence disappear.
If you are a defendant, you have probably already been served with a complaint, and now are looking for a suitable attorney to represent you. A defendant who has been personally served with a complaint, must file a response to the complaint within 30 days, or risk having a default taken against him/her. Thus if you are a defendant, it is critical that you act promptly to find a lawyer to represent you.
Whether you are a plaintiff or a defendant, your first step with us is to meet us for an initial free 30 minute consultation. If you choose to retain BCB, we will thereafter proceed to work with you to develop a litigation plan. We will not engage in needless court appearances, discovery and investigation just because such activities are done in your type of case. Instead, together we will decide what activities will be most likely to efficiently and effectively meet your objectives. This will decrease your cost, save you time, and maximize your chances of success.
Generally, after one or more defendants have been served with a complaint, some sort of responsive pleading must be filed. This may be in the form of a challenge to the manner of service (e.g., a motion to quash), the jurisdiction of the court, an objection to legal defects in the complaint (e.g., a demurrer or motion to strike), or an answer. Ultimately, an answer is usually filed, wherein the defendant often denies the allegations in the complaint, and also asserts certain legal defenses.
At about this point in time, both sides usually start using "discovery" tools provided under the law to collect evidence from other parties and witnesses. This can include subpoenaing documents, asking questions in writing (i.e., interrogatories), and obtaining oral testimony under oath before a court reporter. This may also include conducting medical examinations, or inspecting and/or testing real property or other tangible items (e.g., a product that is allegedly defective).
The reality is that most cases never proceed to trial. The vast majority of cases are resolved through settlement. Settlement can occur though informal discussions between opposing parties or though alternative dispute resolution ("ADR") such a mediation or arbitration. Effective and economical case management involves promptly completing a sufficient amount of investigation and discovery, such that you will be able to show the opposing side that you are serious about proceeding to trial if the case is not settled, and such that you can effectively argue your case at mediation, while still preserving other non critical investigation and discovery activities for the future (thus saving you time and money in the event the case settles). If the case does not settle, additional discovery and investigation will probably be necessary to prepare your case for trial.
In California, there is a "Fast Track" program, under which the courts attempt to have all cases tried within one year of being filed. Some courts are better than others in complying with the Fast Track rules. However, unless your case is very complex (e.g., involving multiple parties, witnesses, and complex issues), you can probably expect your case to be completed within about a year of the date the complaint is filed, assuming there is no appeal.
