Ohio-Based Litigation & Arbitration Attorneys

If you are the party who has been harmed by actions of another, the first step in the litigation process is an investigation into your claims.  What happened, why did it happen, what is the other sides position, and how were you harmed by the action?  When this is completed and you decide to move forward, a complaint is prepared by counsel and filed in the appropriate court.

The party who has been sued (the “defendant”), is then provided with the complaint and provides the court their answer as well as any claims they believe they have against the party who brought the claim (the “plaintiff”) or against other parties required to determine the dispute.  The defendant may also attempt to have the court throw out some or all the claims on the ground that the allegations, even if true, do not present legal claims.

Once it is determined what parties and claims are appropriately before the court, the discovery stage can commence.  This is often the most timely and costly period in litigation.  The parties can seek information from others, including the other parties and third-parties, through written questions, documents and oral questioning of witnesses. Disputes unfortunately often arise at this stage and the court may be asked to rule on discovery disputes.

Following discovery, the parties may move to narrow the issues in the case or to dismiss the case in total (“summary judgment”).  Here the moving party will argue that, based on the claims and the discovery which has been completed, there are no material factual disputes, and they are entitled to a judgment on those claims.

If any claims survive summary judgment, the case then proceeds to trial.

As more and more of our information is shared and stored electronically, the discovery process now includes the requesting and production of this electronic information (“e-discovery”).  Today we collect, review, and produce information retained electronically in response to the other party’s discovery requests.  This may include your databases, e-mails. voice-mails, social media, and other relevant information stored in electronic form.  This is sometimes a complicated and costly process due to the locations and manner and methods of storing this information.  Courts in Ohio do not require the production of such information if it is not reasonably accessible due to some undue burden or cost.

Of course.  The parties may try to work out the dispute through private discussions, or agree to have a mediator hear the dispute and attempt to find a workable resolution for all parties.  The parties, through contract or agreement, may also agree to arbitrate.  Arbitration is like having a private judge.  The process generally follows court litigation procedures, although discovery can be limited and the arbitrator may or may not be willing to hear motions attempting to limit the claims before them.  Arbitration is also generally private with the arguments and sometimes the result is not available to the public.  It can be faster than court litigation, although the parties are responsible to pay the cost of the arbitrator.  Contrast that with regular in-court litigation, where state or federal taxes pay for the judges and the process is generally open to the public.

There are many potential methods to structure the attorney fees incurred in litigation.  Initially, understand that the party is usually directly responsible for the “hard costs” of litigation.  These may items such as the cost of filing a claim, the court reporters fees, the electronic discovery storage and production fees, and the hearing and deposition transcript fees.  In addition, attorney fees are often billed per hour worked on the claim.  This is a simple mathematical calculation – the number of hours billed times that attorney’s hourly rate as set by the firm.  This cost can usually be estimated and should be discussed with counsel.  There are other fee arrangements that sometimes make sense for both the client and counsel such as hybrid fees, capped fees, fixed fees or contingent fees.

Generally, unless you have a contract which provides for the payment of attorney fees, these fees are not recoverable in a court action.  The American Rule provides that each party will bear their own attorney fees resulting from the court litigation.  The rationale for this rule is that our system does not want to create a disincentive for aggrieved parties to bring suit asserting their rights.  This contrasts with the English common law which provides that the losing party pays the legal fees of the winning party.  Note that even under the American Rule, though relatively rare, a party may be required to pay some attorney fees of the other party, such as situations where a frivolous claim or position is presented in litigation.