Best Litigation Lawyers in Oakland, CA

FAQs

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

  Non-emergency situations can be reported to the Oakland Police Department through the hotline number (510) 777-3333.

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

  Oakland residents can submit public records requests through the online portal at https://oaklandca.nextrequest.com/. The police department also accommodates in-person and mail requests at the location below: Public Records Request Coordinator OPD Records Section, 455 7th Street Room 306 Oakland, CA 94607. Those who want to make requests by phone can dial (510) 238-7143.

• Do you always need to hire a litigation attorney to handle probate matters in Oakland?

  No, you don't always need the help of a litigation attorney when handling simple probate matters in Oakland. However, you may need to work closely with a trial lawyer when dealing with contested probate procedures involving undue influence, tortious interference, and defective trusts. Those facing fiduciary accounting and lack of capacity disputes can also get legal assistance.

• Can litigation attorneys help business clients in Oakland during alternative dispute resolution procedures?

  Yes, litigation attorneys can help business clients in Oakland who want to undergo alternative dispute resolution procedures. Most trial lawyers are experienced negotiators who can guide and represent their clients during mediation or arbitration hearings. This enables businesses to settle their organization or company issues without going through a costly litigation process.

• What is the usual fee arrangement that civil litigation lawyers use in Oakland?

  In Oakland, civil litigation lawyers usually work on a contingency fee basis. This can be advantageous for clients from low-income families since they don't need to pay hourly fees to get the legal assistance they need for their cases. Additionally, attorneys who operate with this fee arrangement are often focused on their client's cases since they only get paid after reaching a successful settlement.

• What are the common legal issues that employment litigation lawyers handle in Oakland?

  Employment litigation lawyers often handle legal issues that involve unfair workplace practices in Oakland. Some employment matters that go to trial involve equal pay violations and quid pro quo sexual harassment. Other plaintiffs also hire an attorney to file a lawsuit against employers that do not compensate their workers for the hours they rendered on the job.

• Why do you need an experienced trial lawyer for your real estate lawsuit in Oakland?

  An experienced trial lawyer can assist you in building sound arguments for your real estate lawsuit in Oakland. This type of lawyer can walk clients through each step of the pre-trial process and defend their unique cases in court. They regularly handle complex real estate matters, including zoning disputes, mortgage issues, and encroachments.

• 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.