In the prior entry we looked at the three basic phases of a business lawsuit in Florida. Now we will break them down further in this and the next two entries. The first phase is the pleadings phase where the parties file documents with the Court to tell each other what their claims are and whether those are accepted or rejected and what defenses exist.
Some of these documents are the complaint, which starts the lawsuit, an answer and defenses, counterclaims, third-party claims, and cross claims. Starts to sound complex and we haven’t even discussed motions like motions to dismiss or for judgment on the pleadings. The complexity and timing of these procedural mechanisms is codified in Florida’s Civil Procedure Rules and, along with the Rules of Evidence, is what you should expect your lawyer to know and understand as it is his or her tradecraft.
But, as a party to and participant in a business lawsuit, you are in integral part of the matter and a key player on the team. So, your lawyer should educate you on the options available in this phase and keep you informed and involved in this early process of your lawsuit. That is precisely how the Law Office of David Steinfeld treats its clients because the lawyer and the client are, in fact, a team to which the lawyer brings experience with and an expertise in the law, including the procedures, and the client brings the experience and familiarity of the facts and an intimate business knowledge of the other party with whom the client had had business dealings that led to the dispute at the core of the lawsuit.