Civil Defense Attorney

CIVIL DEFENSE

Civil defense is the practice of representing defendants named in a civil lawsuit. A civil lawsuit generally seeks money from the defendant.

Finding out you are named in a lawsuit can be intimidating and confusing.  Our lawyers know this and will take the time to make you comfortable with the process so you can meet it head on.  Whether it is a contract dispute, real estate issue, claim of personal liability, partner dispute, lender claim or business dispute, we have the experience to get you through it. We will work with you and will tailor our services to meet you specific needs.

THE PROCESS

Case Analysis

By analyzing the probable outcomes of cases, using knowledge of legal precedents, BWA Law Group offers its litigation clients several options before deciding how to proceed. This firm evaluates findings and develops strategies and arguments in preparation and presentation of cases.  We are not at all afraid to take on challenging cases; however, we require clients who are forthright, cooperative and are willing to engage in the litigation process in a gainful manner.

Remember the Plaintiff has the Burden of Proof

Our defensive principles are well grounded on the long-standing legal requirement that the complaining party (the Plaintiff) carries the burden of proof and must be held to prove his/her case accordingly.  As such, BWA Law Groups Civil Defense Attorneys always make sure that the complaining party carries the burden of proving his/her case via credible and admissible evidence while withstanding the procedural hurdles that may arise before, during, and even after litigation.

Consider suing the Plaintiff

Sometimes, the best defense is good offense. This means that when, and if necessary, a cross complaint against the complaining party should be considered and filed by the defendant.  It is always important to shed light on Plaintiff’s case in ascertaining what mistakes or violations Plaintiff committed during the course of the transactions at hand and cross complaint can assist in doing just that.  However, a cross complaint is not always appropriate, and should be the last resort as we like to keep the cases as simple as possible without further complications.  When consulting with a BWA Law Group Civil Defense Attorney, they will make sure this potential opportunity is not lost. 

Pre-trial Negotiations and Settlement

Realizing litigation is costly, both financially and emotionally; this firm works diligently and with all sincerity in negotiations and settlement when necessary and/or at the client’s direction and request.   Our practice is to work with our opponent as much as possible toward settlement and then vigorously litigate the case accordingly when negotiations prove futile.

Seeking a Procedural Defense

This firm always focuses heavily on procedural defenses- especially when the facts are against the client. Just like in the criminal law arena, civil procedural defenses can be life-savers.

Civil procedural defenses such as improper jurisdiction, statute of limitations, statute of frauds are pivotal in winning cases that may otherwise be losers. 

Pre-Answer Motions

Not enough attorneys practice and file pre-answers motions as are available and necessary, but our civil defense attorneys exhaust all resources when it comes to your case.  Pre-trial motions (such as Demurrers, Motions to Strike, or Motions to Transfer) can be very effective in fine-tuning a case, which will ultimately save costs.  And in some circumstances Pre-Answer motions can stop a case at the beginning stage from proceeding if a defect in the pleading is such that amending the complaint is impossible.

Discovery

The discovery portion of civil litigation is the most labor-intensive portion of the process and since the admissibility and weight of evidence are the main components of trial litigation, this firm devotes the majority of its resources and time to the gathering and evaluation of witness testimonies and evidence in the discovery stage by deposing the complaining party, ascertaining the identify of all witnesses, finding and contacting witnesses, interviewing/deposing witnesses, hiring private investigators, seeking vital documents and records via requests for production or subpoenas and/or hiring the appropriate experts for trial testimony.

Trial

Trial will be the final phase of any civil matter (short of the appeal process).  Trial preparation is key as the California Code of Civil Procedure and the California Rules of Court are extremely time sensitive and the courts are often unforgiving when such time lines are not met.  Pre-trial motions are essential in establishing the ground work for trial and Motions in Limine are essential in ensuring certain evidence is kept from the jury.  There is nothing worse than an attorney who is unprepared to represent his/her client in court and as such every civil litigation attorney must be prepared. The Civil litigators at BWA Law Group have vast amounts of trial experience and will be happy to discuss your case with you.