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LITIGATION BASICS


Most of our clients have never experienced litigation before contacting us.

We know that the entire litigation process, from deciding whether you need to hire an attorney to the very end of a case, can be overwhelming. We want to help. We want it to be easier and less intimidating for California consumers to assert their rights.

Over time, we will fill this page with content addressing issues that consumers often encounter in litigation. For the topics listed, either content is already available or soon will be. If you don’t see a topic listed, we invite you to sugges it.

The explanation that we provide on each topic is based on California law and our experiences with our clients. We often use our experiences to illustrate our points. If you are in another jurisdiction or have hired another firm, realize that the laws governing your issues or the strategies employed by your attorneys may be quite different. And that’s okay. Consumers often face similar issues, but differences in law and strategies can produce very different results.

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How to hire and attorney

COMING SOON

Hiring an attorney can be a crucial step in protecting your rights as a consumer. But when should you consider hiring one? How do you find the right attorney? And how can you make sure they’re the best fit for your case?

In our upcoming content, we’ll cover:

  1. When to Consider Hiring an Attorney: Discover the signs that indicate you might need legal help, from complex cases to facing off against big companies.
  2. Finding Competent Attorneys: Learn where to look for attorneys and what to consider when making your choice.
  3. Helping Attorneys Evaluate Your Case: Understand what information and documents you should gather to help your attorney understand your situation better.
  4. Evaluating Whether an Attorney is the Right Fit: Discover the questions to ask and the factors to consider when determining if an attorney is the right match for you and your case.

Check bask soon for our full guide! We’re here to empower you with knowledge and help you navigate the legal system with confidence.


Representation agreements

COMING SOON

Soon, we’ll be delving into the ins and outs of representation agreements that spell out the terms and conditions of the relationship between you and your attorney, ideally ensuring clarity and mutual understanding.

In California, the State Bar has set standards for what should be included in these agreements, helping protect your rights. We’ll break down the required and recommended content, ensuring you’re well-informed.

Did you know? Attorney compensation is negotiable, and you have the right to seek guidance from another attorney before you agree to terms.

Stay tuned for valuable insights on negotiating representation agreements and why we think it’s a good idea to choose attorneys whose agreements closely track State Bar recommendations.


Why is there a delay after I hire an attorney?

Posted March 20, 2024

Welcome to our litigation basics series! We’ll unveil the mysteries of the first few months of litigation.

Sometimes it can feel like attorneys disappear shortly after they are hired. What’s going on being the scenes.

Ever wondered what happens after you’ve hired an attorney? We’ll guide you through the client intake process, giving you a peek behind the scenes at the meticulous groundwork attorneys lay to prepare your case and gain strategic advantages.

During the pleading phase, attorneys craft the legal documents that kickstart your case. While updates may seem sparse during this time, rest assured, your legal team is hard at work.

Remember, communication is key. Don’t hesitate to reach out to your attorney for status updates and timelines. Your peace of mind is our priority.

Click through for an in-depth explanation of what often happens during the early stages of California consumer rights litigation. We’re here to demystify the legal process and empower you every step of the way.


Discovery

COMING SOON

Welcome to our litigation basics series! In our upcoming content, we’ll delve into how discovery works in California consumer rights cases.

Discover how your attorney strategically utilizes written discovery and depositions to gather crucial information, admissions, documents, and testimony. These tools are essential for evaluating and preparing your case for trial.

Did you know? The majority of litigation time is spent in the discovery phase, where the groundwork for your case is laid.

Stay tuned as we demystify the discovery process, empowering you with the knowledge you need to navigate your consumer rights case effectively.


Responding to written discovery

COMING SOON

Welcome to our litigation basics series! Get ready for our upcoming content on responding to written discovery in California consumer rights cases.

Discover your role in the process – gathering documents and information for your attorneys to prepare responses. In most cases, you’ll need to verify responses under oath, except for objection-only responses.

Feeling overwhelmed? You’re not alone. Written discovery can be stressful, especially if it’s your first time. But fear not – your attorneys will guide you every step of the way, ensuring you’re supported through the process.

Stay tuned as we break down the ins and outs of responding to written discovery, empowering you to navigate your consumer rights case with confidence. We’re here to make the legal journey smoother for you.


Being deposed

COMING SOON

Welcome to our litigation basics series! Get ready for our upcoming content on being deposed in California consumer rights cases.

Ever wondered what a deposition is? It’s formal, out-of-court oral testimony where you’ll be asked questions under oath, these days typically occurring over Zoom. But don’t worry – your attorney will guide you through the process in detail.

Your responsibility? Gather documents and information as directed by your attorney. They’ll meet with you to prepare thoroughly.

Stay tuned for our upcoming post as we delve into how deposition examination – the process of taking testimony – works. We’re here to demystify the legal process and support you every step of the way.


Settlement negotiations

COMING SOON

Welcome to our litigation basics series! Stay tuned for our upcoming content on settlement negotiations in California consumer rights cases.

In our forthcoming content, we’ll distinguish between typical consumer rights case settlements and section 998 offers.

What’s a Code of Civil Procedure section 998 offer? It’s a formal proposal for settlement made by either party in a lawsuit. But why do defense teams sometimes delay making any offer, even in seemingly straightforward cases?

Get ready to understand why defense attorneys are often slow to make offers even when a case seems incredibly simple.

We’re here to demystify the legal process and guide you every step of the way.

Mediation

COMING SOON

Welcome to our litigation basics series! Stay tuned for our upcoming content on mediation in California consumer protection cases.

Curious about mediation? It’s a process where parties meet with a neutral mediator to resolve disputes outside of court. Often, it’s the best chance to settle a case, offering a confidential space for frank communication.

In our forthcoming post, we’ll delve into the subjects and mechanics of mediation, empowering you to navigate this critical stage of your consumer protection case.

Get ready to unlock insights into how mediation works and how it can benefit you. We’re here to demystify the legal process and support you every step of the way.


Arbitration

COMING SOON

Welcome to our litigation basics series! Stay tuned for our upcoming content on arbitration in California consumer protection cases.

Wondering what arbitration is? It’s a process where disputes are resolved outside of court by a neutral arbitrator. But did you know defendants in consumer protection cases often prefer arbitration over court due to its restrictions on your abilities to collectr evidence and appeal?

In our forthcoming post, we’ll explain how arbitration works and why defendants may push for it. We’ll also explore how the unique rules of different arbitration bodies may affect your experience, encouraging you to speak with your attorney about the process with your arbtiration organization and arbitrator.

Get ready for a broad overview of arbitration and empower yourself with knowledge about this alternative dispute resolution method. We’re here to demystify the legal process and support you every step of the way.

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