Civil Litigation

While every civil lawsuit has its own unique charges and characteristics, there are several similar steps in the process from beginning to end.  Perhaps the most obvious is to begin at the beginning:  seek the counsel of an experienced attorney, preferably one well-practiced in the type of civil litigation surrounding your case.  Not only will experienced legal counsel know how to advocate for you, they will help you understand the proceedings of your case along the way.

Step One – Assess Case: The first thing we do in our Boston law office is perform an initial case assessment – we listen as our client presents us with the details of why they are considering filing a lawsuit, as well as the circumstances surrounding that decision.  

Step Two – Investigate:  After our initial meeting, we begin the investigative process.  Our legal team will dive into the details of the case.  This is the evidence-building portion of the process, where we spend time and effort in gathering the proof that will support a favorable outcome.

Step Three – Draft or Respond to Pleading:  We then draft a pleading, which is an initial court document that explains our client’s side of the story.  Included in this document are the details of your complaint, as well as the outcome you are hoping for.  The pleading is then delivered to the defendant – this is commonly referred to as “being served.”  If our client is the defendant, we will craft a legal response, called an “answer,” offering their side of the story. Often, counter accusations are leveled, and questions are presented back to the plaintiff. 

Step Four – Discovery:  Once both pleadings have been filed with the court, the Discovery process begins. This is a time consuming exercise, and is where our attorneys will spend most of their time. Our legal team begins in-depth research, document reviews, witness interviews, and other steps to determine as many facts as possible about the case. Expert witnesses may be called to validate their arguments, and they may be used in testifying when the case goes to court. During this process, investigators or the attorney may examine the scene in question or request specific documentation and statements from the people involved in the case.

Step Five – Pre-Trial Tasks:  In this phase, we wrap up the Discovery process; consult with and advise our clients; retain expert witnesses; attend pre-trial conferences; further develop case strategies; and prepare trial exhibits.  

Step Six – Possibility of Settlement:  Once our pre-trial tasks have been completed, we begin negotiations with the other party’s attorneys, with the hopes of avoiding court and reaching a settlement.  At this point, either party can use motions to ask the court to make a ruling or to dismiss parts of the case before it actually goes to trial.

Step Seven – Trial:  If no agreement is reached during the settlement phase, the case will go to trial. This may or may not involve a jury, depending on the circumstances of the case. Before the trial, we provide our legal briefs to the judge. These documents outline our arguments and the evidence both parties have. At the trial, we will offer an opening statement, then pursue arguments and questioning.  We will then offer strong closing arguments. The judge and jury will then decide the verdict.

The attorneys at Cohen & Lucyniak are skilled trial attorneys.  Other attorneys will often take your case to the Pre-Trial stage then refer it to another attorney for Trial.  At Cohen & Lucyniak, we will stay with you every step of the way. We specialize in presenting strong litigation with clear evidence that results in a positive outcome for you.  Contact us today and let us know how we can help you!