Facing Civil Lawsuits as Plaintiff or Defendant in Western Massachusetts

All legal actions except criminal cases are civil actions of some kind. The range of civil cases is vast and includes matters such as disputes between businesses, disputes between homeowners and home improvement contractors, divorces, breach of contract, bankruptcy and all types of personal injury claims

Restraining orders, injunctions to get someone to do something or to stop doing something, consumer protection actions, boundary line disputes between neighbors, and many other conflicts between parties result in lawsuits when the parties cannot work things out on their own and come to an out-of-court settlement.

Civil suits differ widely depending on the issue, but as a rule, with the exception of small-claims court cases, it is critical to have a qualified civil litigation lawyer represent you and to help you prepare your case or defense.

In a civil suit, one party files a written complaint against another party seeking redress, usually in the form of money or for a court order to recover a right or force another party to do something or stop doing something. The parties might be individuals, partnerships, businesses, or nonprofits, and the issues covered are usually matters of "private law" but sometimes can also (or alternately) involve "public law". After a complaint is filed the defendant is given a period of time to file an "answer" which contains their plea in response to the complaint. Once this occurs the "discovery" process begins, which includes witness depositions, document exchange, and written questions called “interrogatories”. Following discovery, the next stages are generally pre-trial motions and conferences, settlement negotiations, and if required, trial and judgment, and then appeals.

The vast majority of civil suits are settled out of court, and some courts require mediation before a case is allowed to go to trial. Despite this, anyone involved in a lawsuit needs to be prepared to face a trial. Settlements are cost-effective and provide for a certain remedy and known costs, so they usually have significant benefits for both parties.

Civil suits are often highly complex, which is why you'll need an experienced attorney’s assistance with your case. Civil cases differ significantly from criminal cases in many ways, yet the same type of legal skills are called for, including the ability to see holes in a witnesses' story, draw connections between relevant facts, and formulate a persuasive argument and present it convincingly to the judge or jury deciding the case.

Two important aspects of civil trials concern “burden of proof” and self-incrimination. Whereas criminal convictions require proof “beyond a reasonable doubt,” the burden of proof for civil cases is merely: “more probable than not”. This obviously is a much less rigorous standard. The scales of justice are an eloquent and evocative example of the meaning of “more probable than not.” In a civil case all the party with the burden of proof is required to do is demonstrate that the scales of justice have tipped ever so slightly in their favor.

There is a third burden of proof that is used in certain specific situations. This burden of proof is known as "clear and convincing evidence". Clear and convincing evidence requires a party to show that it is substantially more probable than not that their version of events is true. The "clear and convincing" standard is rarely applied, but when it is, it's most often used in habeus corpus actions, when a person that is being held in jail claims their rights are being violated.

With regard to self-incrimination, a defendant cannot refuse to testify based on Fifth Amendment protections in civil cases. This can make it easier for a plaintiff to prove his case, as the defendant is subject to criminal perjury charges if he lies under oath, and he won’t be granted the "presumption of innocence" if he refuses to answer the plaintiff’s questions. In a criminal trial, the jury cannot take such a refusal into consideration, but in a civil case they can – and most likely will.

Another important aspect of civil lawsuits is enforcement because just because you win your case, it does not always follow that you will collect what you are due. It's critical that your lawyer has the knowledge and resources to enforce your judgment and take the legal actions necessary to compel its implementation.

If you are involved in a civil lawsuit, either as a plaintiff or a defendant, you want thoughtful, experienced legal representation. At the Law Offices of Sean J. Cleary, we have over 15 years of experience trying civil cases representing both plaintiffs and defendants throughout Western Massachusetts (Hampden, Hampshire, and Franklin Counties). We will strive to ensure that you receive the result you desire, no matter if it's compensation you're due, an action you want taken, or protection from unwarranted demands. We also have experience enforcing judgments and making sure the court's orders are carried out and are tenacious about this aspect of process.

At our local office in downtown Amherst, MA, you will get personal attention to your case, as I will directly handles or closely supervises every case. Call me to arrange a free, no-obligation introductory consultation and evaluation of your case. I will honestly appraise your situation based on the facts presented and tell you how your case might play out, including best-case and worst-case scenarios, chances for success, and legal fees, court costs, and other charges you might incur.