The term lawsuit typically refers to civil claims filed in a court.

It varies depending on the complexity of the case and the court or arbitral body in which your case is filed. As a general matter, arbitration tends to move more quickly and involve fewer rights to appeal than litigation.

No two cases are exactly alike, but every case follows the same general path:

• Investigation: After you sign our firm’s engagement letter, we will investigate your claims and defenses against the other party.

• Pleadings: An initial pleading is generally referred to as a “lawsuit.” In general, pleadings are any documents filed with the court that frame the issues that the parties want a judge or jury to decide.

• Discovery: After a lawsuit is filed, the discovery phase starts. This is an opportunity for the parties to gather information, from the other side and from third parties, about the claims and defenses in the case.

• Motions: Filing a motion is a way for a party to ask a judge for some form of relief. For example, motions to dismiss request that a party’s claims be thrown out, motions for protective order request that certain documents or information be shielded from production or disclosure, etc.

• Settlement Discussions: Between the filing of a lawsuit and trial, you will likely engage in private negotiations with the other side in an attempt to resolve your dispute without a trial.

• Trial: At the end of the entire litigation process is a trial, whether before a judge, jury, or arbitrator. A trial is an evidentiary hearing that results in a final determination of your dispute.

Here is something you’ve probably heard before: litigation and arbitration are methods of last resort to be used only when all peaceful methods of dispute resolution have failed. Sometimes, that’s good advice. Other times, that advice comes from a lawyer’s fear of the courtroom.

Our clients don’t let fear drive their decisions, and neither do we. Instead, we look at each case to determine the best, most effective approach to protecting the rights of you and your business. If that means filing claims, then that’s what it means.

The lawyers at Villmer Caudill typically charge an initial retainer for litigation services. The firm holds the initial retainer in a trust account, and then firm employees bill their time against the retainer. Clients receive an invoice each month with detailed records of time spent by attorneys and staff, and we ask that clients replenish their retainer monthly. Typically, the firm charges the fees below.