Civil Litigation Lawyer for Real Estate Matters

The four most common types of civil litigation include tort claims, breach of contract claims, equitable claims, and real estate disputes. When it comes to claims involving real estate, retaining a civil litigation lawyer with an expertise in the field can help ensure your case is heard clearly and effectively.

Types of Real Estate Disputes That May Require a Lawyer

There are a variety of claims which fall under the heading of real estate disputes.  Real estate claims are often subject to specialized legal treatment under statute and case law, including construction defects, construction cost overrun cases, professional negligence claims against design professionals, and environmental issues. Many real estate related disputes also involve complicated partnership, financing and land use issues, leading to claims such as breach of fiduciary duty, breach of contract, and specific performance. There are also other real estate disputes that might require involvement from a lawyer such as partition actions, quiet title actions, commercial and residential evictions, commercial mortgage foreclosure actions, and boundary and property access disputes. The guidance and knowledge provided by a lawyer helps navigate your claims through these often complicated legal maneuvers.

Typical Life Cycle Of A Case

The usual civil litigation case can be sectioned into various parts, which can include investigation, pleadings, discovery, pretrial proceedings, potential settlement or trial, and appeal.

• Discovery Process – Usually involves the exchanging of pertinent information between parties. Litigation lawyers may also use this time to examine physical evidence, inspect the scene of the incident, as well as process and analyze data.
• Pre-Trial – Litigators advise their clients, retain expert witnesses, and develop a strategy for the upcoming proceedings.
• Trial – Most cases are settled prior to going to trial. But if the case does go to trial, the case proceeds as a typical case might; lawyers select a jury, present their case, examine and cross-examine witnesses, and present their case through evidence and testimony.
• Settlement – Most cases never go to trial but rather are settled, a period in which opposing parties negotiate to find a compromise.
• Appeal – If the litigation lawyer (representing the client) doesn’t approve of the outcome, they may appeal the case, which is a quite complex process in its own right.

These steps through the litigation process can be confusing and time-consuming when taken upon one’s self. Without the proper guidance of a qualified real estate civil litigation lawyer with experience in such matters, even the most rock solid claim can be lost due to the mishandling of legal procedures.