Best Litigation Attorneys in San Jose

FAQs

• What is the non-emergency contact number for the local police station in San Jose, California?

  Call the police hotline at 408-277-8900 for non-emergencies in San Jose.

• Where can I get a copy of police reports for incidents related to my case in San Jose, California?

  Contact the Records Unit of the San Jose Police Department at 408-277-4261 if you are looking for incident reports. Pick up the reports at the police station located at 201 West Mission Street, San Jose, CA 95110.

• When do you decide to take a personal injury claim in San Jose to trial?

  If the insurance company refuses to offer a fair settlement, it may be a better option to go to court. This is particularly important if the legal deadline for filing a lawsuit is due soon. Going to court has its advantages. One of these is the possibility of obtaining a greater compensation amount. Another one is getting your case in San Jose to finally be resolved and you can obtain justice if the case wins at trial.

• As a plaintiff, what should you do if you receive a schedule for a case management conference in San Jose?

  Once the court schedules you for a case management conference, you will be required to meet with the defendant 30 days before the conference. The meeting can be done face-to-face in San Jose or through a telephone conference. Additionally, you must prepare and file a case management statement and serve it to the defendant at least 15 days before the conference.

• If the plaintiff in San Jose decides to resolve a dispute without going to trial, how should they start?

  They should check with the opposing party first if the party is amenable to an Alternative Dispute Resolution method. When both parties come up with an agreement on which ADR method to use, the plaintiff can then start the process by calling the ADR administrator. The County of Santa Clara Superior Court's ADR administrator can be reached at 408-882-2530. Additionally, the form to use for the process is the ADR Stipulation and Order form. It can be filed at the Downtown Superior Court at 191 North First Street, San Jose, CA 95113.

• What will take place when a criminal defendant in San Jose appears for arraignment?

  During the arraignment process, the criminal defendant in San Jose will be read their charges and informed of their rights. If they do not have an attorney, they will be assigned one, especially if the case involves a felony. Next, the defendant will be asked how they will respond to the charges: guilty, not guilty, or no contest. If the defendant chooses anything other than "not guilty," the trial may end on the spot, and a sentence will be issued.

• What happens when a witness in a San Jose case does not appear in court?

  If the witness does not comply with a subpoena, they can be slapped with contempt of court and given a fine of up to $500. Before a witness can take part in the court process for the San Jose case, they must be served with a subpoena first. The correct form to use will be the form SUBP-001 (Civil Subpoena for Personal Appearance at Trial or Hearing), which must be filed at the Clerk of Court.

• What does a litigation attorney do?

  Litigation attorneys offer comprehensive legal representation before, during, and after litigation—aka the lawsuit. They provide initial consultations, investigate legal issues, draft pleadings, and oversee the discovery process. While litigators often are responsible for negotiating settlements and keeping cases out of court, their main job is presenting facts to a judge or jury at trial. Litigation attorneys also handle appeals and post-trial motions.

• Can an individual or business go to court without a litigation attorney?

  Generally, it’s possible to go to court without hiring a litigation attorney. In fact, lawyers are prohibited from practicing in some small claims courts. However, other cases are nearly impossible to prove without professional assistance. These include medical malpractice claims, wrongful death lawsuits, complex real estate disputes, and employment law cases. When assessing the feasibility of pro se representation, or representing oneself, individuals and businesses should evaluate their ability to develop a strategy, prepare legal documents, and present their case effectively. To prevail, plaintiffs must have a complete understanding of the law, local rules of civil procedure, and the facts of the case.

• What’s the difference between a lawyer and a litigator?

  Litigators, also called trial lawyers, are attorneys who present cases in the courtroom before a judge or jury. They may represent plaintiffs or defendants, including individuals and companies, in civil matters. Litigators investigate lawsuits, facilitate the discovery process, and prepare legal documents. While they may negotiate settlements, they’re equipped to take each case to court to achieve the best outcome for their clients.

• What’s the difference between a lawsuit and litigation?

  A lawsuit is a formal legal action that begins when the plaintiff files a complaint with the court. Litigation is a broad term that describes the entire process of resolving a dispute from sending notice of intent to sue, through pretrial preparations and beyond. It also includes settlement negotiations, courtroom proceedings, and appeals.

• What’s the difference between arbitration, mediation, and litigation?

  Arbitration, mediation, and litigation are three of the most common methods of resolving legal disputes. With arbitration, a case is heard by a panel of individuals called arbitrators who function as judges. In most cases, the parties are bound to the outcome. Mediation is typically a nonbinding process where discussions are facilitated by a single intermediary called a mediator. With litigation, a case is heard in a courtroom before a judge and jury, which is the most costly and time-consuming option, so it’s best suited for disputes that can’t be worked out using alternative methods.

• What is a civil lawsuit?

  A civil lawsuit is a court-based legal dispute between two parties that seeks court intervention and does not include punishment for a crime. While most civil lawsuits seek monetary compensation, they may also involve the pursuit of court action, such as a cease-and-desist order or an injunction. Since the majority of civil lawsuits are settled out of court, the process of pursuing a lawsuit usually begins with negotiations between the two parties. Any lawsuits that are not resolved through a settlement may go to trial and are decided by a judge or jury.

• What is a civil litigation lawyer?

  A civil litigation lawyer is a trial lawyer or litigator who specializes in handling all of the procedures involved in filing a civil lawsuit. Litigation is the process of resolving legal disputes between two parties, including before, during, and after a civil trial. A civil litigation lawyer may represent the person filing the lawsuit or the person being sued.

• What is a pre-litigation attorney?

  Because most civil lawsuits are resolved between the two parties, a pre-litigation attorney is any civil litigation attorney that can facilitate negotiations or a settlement prior to any legal action being taken. Some disputes may be settled through mediation, arbitration, or agreements and don't require any further legal action after a settlement has been reached.

• What does a commercial litigator do?

  A commercial litigator is a civil litigation attorney who specializes in disputes that involve companies rather than individuals. Commercial litigation is usually much more complicated than legal disputes between individuals and typically filed in the federal rather than the state court system. Commercial litigators also handle employment disputes between companies and individuals who are workers.

• How can I file a lawsuit against a company?

  Although you could file a lawsuit on your own, it's better to consult with a civil litigation attorney that's experienced in resolving disputes and negotiating settlements. The first step in filing a lawsuit should involve communication with the company in an attempt to reach an agreement. An experienced attorney is in a better position to reach a settlement that's in your best interest. Because lawsuits involve numerous steps, including filing motions, discovery, and other legal proceedings, you are better off working with an experienced professional rather than attempting to navigate the legal system on your own.