Civil Litigation Attorneys & Trial Lawyers
At Walsh Banks Law our civil litigation attorneys have over 50 years combined experience both prosecuting and defending individuals and corporations in all manner of civil litigation matters in state court, federal court and at the appellate level.
Whether you are prosecuting a lawsuit or defending a lawsuit we will aggressively and effectively represent you through the entire civil lawsuit process including trial and if need be appeal.
Going to court is almost nobody’s first choice when it comes to resolving a dispute. However, sometimes litigation is the only way to protect your interests. Our civil litigation lawyers have successfully handled a variety of different cases for individuals and businesses.
Our job is to aggressively advance the interests of our clients and work towards helping them achieve the best outcome possible from a civil suit. Our team is experienced, skilled, and knows how to use their knowledge of the law and legal procedure to the best advantage of our clients.
We make every strategic and tactical litigation decision with our client’s best legal, financial, and business interests in mind. While most cases settle before trial, we are willing and able to take a case as far as our client’s interests demand.
We have successfully represented clients in general business, construction, banking, commercial finance and real estate industries. From basic business contract disputes, non-compete agreements, shareholder disputes, to complex commercial and civil litigation we are committed to providing the best legal representation possible.
We will always initially provide preventative advice and counsel so that costly and time consuming litigation can be avoided. If an amicable resolution cannot be reached we will provide aggressive and effective representation.
Areas of Civil Litigation We Typically Handle for Clients
Walsh Banks Law is a business law firm. We both defend and prosecute civil lawsuits. But, we primarily focus on types of civil litigation cases that are most common to businesses, corporations and individuals that are involved in business activities.
Our civil litigation attorneys and trial lawyers represent both plaintiffs and defendants in a range of civil lawsuits that can be organized into five broad categories.
- Commercial and Business Litigation
- Real Estate Litigation
- Construction Litigation
- Franchise Litigation
- Banking Litigation
We help clients at every step of the litigation process including attempting to resolve a dispute before a lawsuit is filed, negotiating after a lawsuit is pending, conducting active litigation and discovery, representing clients at hearings and at trial, filing appeals as necessary.
Our firm handles cases in both state and federal trial courts and appellate courts.
Commercial and Business Litigation
In many cases the goal of commercial and business litigation is to resolve the uncertainty underlying the dispute so that both sides can again focus on getting back to serving their customers. We use all of the tools at our disposal to bring litigation to as efficient and satisfying an end as possible.
Companies often have several different competing interests in litigation cases. They want to keep the litigation as cost effective as possible and they want to make sure their rights are enforced and their interests properly protected. Litigation lawyers balance all of these different interests in their execution of the litigation strategy.
Some of the more common types of commercial and business litigation we have represented clients in:
- Breach of contract cases
- Intellectual property disputes
- Breach of confidentiality agreements
- Breach of non-compete agreements
- Lease disputes
- Debtor/creditor issues
- Unfair trade practices
- Shareholder disputes
- Breach of fiduciary duty
- Civil conspiracy
- Class action defense
- Complex commercial litigation
- Contract Disputes
- Conversion and civil theft
- Credit agreement defaults
- Deceptive and unfair trade practices
- Declaratory judgments
- Intentional infliction of emotional distress
- Non-compete agreements
- Shareholder disputes
- Tortious interference
Learn more about how Walsh Banks Law’s civil litigation attorneys can help you in a business litigation matter.
Real Estate Litigation
Real estate litigation covers a number of different areas where individuals, companies, and sometimes even government agencies have active disputes over ownership and use of a piece of property.
Real estate litigation often requires active use of motions, temporary restraining orders, and the discovery process. There are many special rules that apply to real estate contracts. Real estate litigation also may require extensive research into the negotiation history between the parties and the paper trail of contracts, title documents, or lease agreements for the property in question.
Some of the most common types of real estate litigation we’ve represented clients in:
- Disputes over ownership of property
- Chain of title
- Access to property
- Eminent domain
- Form of title
- Partnership rights disputes
- Lease disputes
- Land use disputes
- Environmental issues
- Breach of lease
- Breach of real estate contracts
- Real estate contract disputes
- HOA law representation
- Landlord /Tenant eviction
Due to the number of people and different trades involved construction projects can be very complex. The more complex a project is, the more likely there will be a dispute.
We have extensive experience of successfully representing, contractors, sub-contractors, architects, engineers, buyers, sellers, suppliers, and materialmen at all stages of a construction project.
Common construction litigation matters we’ve represented clients in include:
- AAA construction industry arbitration
- Bond claims
- Construction defects
- Construction liens
- Construction delay
- Lien foreclosure
- Construction contract disputes
- Faulty work
- Professional malpractice
- Third-party practice
Many people first get their start as business owners by entering into a franchise agreement. However, sometimes one side doesn’t live up to the promises made in that franchise agreement.
When a franchisor and franchisee cannot resolve their disputes any other way, litigation can be used to put an end to the disagreement and get some finality to the business situation. Some of the issues that franchisees and the franchisors argue over include payment of fees, proper use of advertising funds, breach of territory and encroachment provisions, and violation of the duty of good faith and fair dealing.
Sometimes a franchisor gets dragged into litigation against a franchisee under the legal theory of vicarious liability. This means that someone is alleging the corporate ownership should be liable for the actions of its franchise owners due to the special relationship between the two.
We represent both franchisors and franchisees. Click to learn more about how we can help you.
Banking litigation is typically centered on the details of a specific loan or transaction. However, because of the large amount of regulations that banks operate under, there are hundreds of different causes of action that could result in a bank being involved in litigation.
Corporate litigation attorneys that represent banks and deal with financial issues are also sometimes referred to as financial litigators. Banking litigation cases often involve more than the usual amount of detailed financial analysis. Usually forensic accounts are brought in to help follow the money.
Successfully litigating a banking case requires a deep understanding of banking and financial regulations, enough resources to analyze all of the data and documents, and a willingness to aggressively pursue the interests of the client.
Common banking litigation matters we’ve represented clients in include:
- Account holder disputes
- Regulatory violations
- At-par statues
- Bank secrecy act
- Check kiting
- Class action defense
- Conspiracy to commit securities fraud
- FDIC regulations
- Federal Reserve regulations
- Florida Financial Institutions Code
- Florida OFR regulations
- GLB Act
- National Bank Act
- Non-accountholder disputes
- OFAC regulations
- OCC regulations
- USA Patriot Act
How Civil Litigation Works
Litigation is a system for resolving disputes with finality. Litigation gives lawyers access to a set of powerful tools that can help drive the parties towards resolving the dispute. Very few civil cases are actually ever tried in the courtroom, the vast majority sell sometime between when the initial complaint is filed and before the trial begins. Sometimes cases even settle in the middle of the trial.
Civil litigation lawyers work to resolve a case with the best possible outcome for their clients by continuing to use the different tools litigation makes available to them. Often settlement negotiations are going on continuously during the litigation process. The lawyers are trying to convince the other side that it is in the best interest of the other side to settle now instead of going to trial. In many ways during the lead up to the actual trial litigation attorneys are trying the case to try and persuade the other side of the likely outcome much the same way they will try the case in front of the judge and jury.
Alternative Dispute Resolution
State and federal courts have a variety of formal and informal mechanisms in place to encourage the two sides to settle a case before a full trial. These mechanisms are sometimes called alternative dispute resolution because they are an alternative to litigation, even though they are increasingly a formal part of the litigation process.
Some of the alternatives to litigation include negotiation, mediation, and judicial settlement conferences. Virtually every litigation lawyer regularly uses negotiation throughout the litigation process. Some courts will require the two sides to certify that they have tried to settle the case outside of continuing the litigation.
Mediation and judicial settlement conferences bring in a third party to help the two sides arrive at a mutually acceptable solution. Often the solutions arrived at in mediation are more creative than what a judge or jury could decide under the law.
There is no requirement that the two side settle the case. Each side has a right to push the case all the way to a trial.
Under the state and federal rules of civil procedure each side of a lawsuit has the right to request information from the other side about the case. This is called the discovery process. Some of the tools lawyers make the most use of in the discovery process include requests for production of documents, depositions, and interrogatories. The discovery process may also allow the two sides to subpoena documents related to the litigation from third parties.
Discovery is a way for the lawyers to gather evidence and to gain a better understanding of the facts of the case. Often the discovery process exposes the flaws in one side of the case more than the other. This can lead to a case being settled.
An important part of litigation is motions practice. Litigation attorneys will file a variety of different motions during the course of the case. Motions can be filed to have certain claims of defenses thrown out before the trial starts, to compel the other side to cooperate with discovery, and to try and limit the type of evidence that will be allowed at trial.
Lawyers may also try and protect their client’s interests by requesting injunctions or temporary restraining orders to keep the other side from taking any action that would jeopardize the rights of the other side as it relates to the litigation.
Sometimes a case goes all the way to a trial and a verdict is entered. But, that is not always the end of the case. Sometimes one side, or both sides, will file an appeal because of a legal error. The appellate process is much different from the regular litigation process. There is no discovery process and most of the arguments take place on paper.
After an appeal is filed the two sides may still end up settling the case.
What Makes a Great Civil Litigation Attorney
Not every lawyer has what it takes to be a litigation attorney. However, successful litigation attorneys come in all shapes and sizes. The best litigators are smart, good managers, understand the power of good questions, are tenacious, and always keep their client’s best interests in mind.
A great litigator wins cases because other lawyers know they are honest and tough. Their opponents know they are willing to take a case all the way to the jury. However, the best litigators are also willing to compromise and settle a case when that is what is best for the client.
Lazy lawyers make terrible litigators. Great litigation attorneys work hard and are willing to keep digging through data, documents, and transcripts to find the key information that could turn a case.
Most importantly, great civil litigation attorneys are masters of persuasion. They can persuade judges and juries. They can also persuade witnesses and other lawyers. Litigation is all about persuading other people that your client should get what they are asking for.
Walsh Banks Law is a commercial and business litigation firm. We have years of experience successfully representing individuals and businesses of all sizes in Florida state and federal courts. Our civil litigation attorneys aggressively advance the interests of our clients. We always make your legal, financial, and business interests the focus of every strategic and tactical litigation decision.