If you are a resident or business owner in Calgary, knowing the basics of litigation is important should you ever face legal challenges. Litigation can be overwhelming if you have to face family disputes, personal injury claims or commercial disputes, but you can consult a litigation lawyer. This blog outlines the basics of litigation and when to seek professional legal help. Keep this pocket guide handy!
Understanding Litigation
Litigation refers to the legal method of settling conflicts between parties in a court of law. It covers the whole process, from filing a lawsuit to obtaining a definitive resolution in court or via settlement.
What Is the Litigation Process in Calgary?
While the litigation process varies depending on the situation and the case, the widely practiced process follows these steps:
Discuss your case with a lawyer: Initial consultation with a lawyer helps determine case merits and the ideal course of action. A qualified Calgary litigation lawyer can guide you on whether litigation is the right path or if alternative dispute resolution methods, like mediation or arbitration, might work better. For example, an estate litigation lawyer can help you with disputes among personal representatives or beneficiaries of a will.
Filing a statement of claim: The process begins when the plaintiff (the person or entity initiating the lawsuit) files a Statement of Claim with the Alberta Courts. This document outlines the nature of the dispute and what is being sought regarding damages or remedies.
Serving the defendant: The defendant is served with a copy of the Statement of Claim and allowed to respond by filing a Statement of Defence.
Questioning (or Discovery) process: Both parties exchange relevant documents and gather evidence. Questioning may occur, where each side questions the other under oath or affirmation.
Pre-trial resolution efforts: Many cases are resolved through negotiations or settlement discussions before trial. Calgary courts often encourage, and in most cases require, mediation to expedite resolution and reduce costs.
Trial: If no settlement is reached, the case proceeds to trial. Each party presents their evidence and arguments before a judge (and sometimes a jury), who will decide.
Post-trial actions: If the outcome is unsatisfactory, an appeal may be filed, which extends the process further.
When Do You Need a Litigation Lawyer in Calgary?
Deciding when to hire a litigation lawyer can be complex, but knowing the circumstances where legal expertise is required can save you time, money, and unnecessary hassle. You may need litigation lawyers specializing in different cases to help you. Below are key situations in which seeking the counsel of an experienced litigation lawyer in Calgary is essential:
Family lawyers: These lawyers cater to cases involving complex issues like child custody, spousal support, or asset division in divorce settlements.
Personal injury lawyers: You will need the help of personal injury lawyers if someone else’s negligence causes damage, such as in slip-and-fall incidents or motor vehicle accidents.
Real estate lawyers: Planning to buy or sell a property in Calgary? You may need to consult a professional real estate lawyer to assist you with the transaction agreements, documentation, mortgage refinancing, etc.
Civil litigation lawyers: Civil litigation is the legal procedure used to resolve disputes between individuals, organizations, or entities where criminal acts are not involved. Civil litigation lawyers can help you with cases related to insurance, estate litigation, commercial leasing, tort litigation, contract breaches, and more.
Wills and estate lawyers: Estate planning involves legal expertise. Wills and estate lawyers step in to guide you through the process of drafting your will, probate assistance, estate administration, enduring powers of attorney, personal directives and navigating your legal rights.
Estate litigation lawyers: Losing a loved one brings emotional turmoil, and managing their estate can add to the stress. Estate litigation resolves disputes over wills, intestacies, and trusts, whether protecting or challenging beneficiaries' interests. Estate litigation lawyer calgary provide expert assistance for probate disputes, executor breaches, financial mismanagement, and more. Whether it’s addressing claims under the Wills and Succession Act or resolving issues with powers of attorney, these lawyers cover you.
Business lawyers: Businesses must comply with various local, provincial, and federal laws related to consumer protection, health and safety, or environmental regulations. Failure to comply can lead to lawsuits or penalties. Business lawyers help with the legalities of running a business in Calgary. They assist with drafting agreements, incorporation documents, contracts, purchase and sale agreements, shareholder disputes, etc.
Commercial leasing lawyers: Leasing or renting commercial property comes with legal obligations. Many considerations must be made before signing a commercial lease. Commercial lease lawyers are aware of lease rules in Calgary, Alberta, and can assist with lease assignments and renewals. A Calgary litigation lawyer can assist you, either as a commercial landlord or tenant, when the lease is breached.
We hope this knowledge helps you with the basics of litigation. Whether you’re dealing with a commercial dispute, personal injury claim, or employment issue, you must protect your legal rights. Having a legal professional is, thus, important. Other reasons for hiring lawyers include:
Calgary-based litigation lawyers know Alberta’s legal system, local laws, and procedural rules.
Litigation lawyers are trained to present your case effectively in court.
They develop a strategic plan tailored to achieving the best possible outcome.
A litigation lawyer can negotiate favourable terms, saving you time and money from going to court.
A lawyer ensures that all paperwork, evidence gathering, and filing procedures are followed accurately to avoid costly mistakes.
They counter any legal tactics from the opposing side that might jeopardize your position.
Their expertise reduces the likelihood of unfavourable outcomes or unnecessary escalation.
Whatever Legal Problem You Are Facing in Calgary, Reach Out to First West Law LLP
First West Law LLP is a full-service law firm that helps Calgary residents with personal or business-related legal problems. We have highly qualified lawyers skilled at delivering legal assistance and trusted advice. Whenever an unexpected legal situation arises, and you need litigation, you can count on us to represent you. Contact us to discuss your case; we would happily support you.
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