Civil Litigation Attorneys Serving Central Texas

What Is Civil Litigation?

When a disagreement leads to a lawsuit, it becomes a civil litigation matter. The issue might involve a contract, a piece of property, a business relationship, professional services, or money one party claims to have lost.

Some disputes are resolved through conversations between the parties, formal negotiations, or mediation. Others proceed through a lawsuit and may involve discovery, hearings, motions, trial, or work performed after a judgment has been entered.

Depending on the case, a party may seek financial compensation, enforcement of an agreement, clarification of their legal rights, or an order requiring someone to take—or stop—a particular action.

Legal Advice Before and During a Dispute

Sometimes a disagreement can be addressed before anyone files a lawsuit. We can review what happened, look at the documents involved, and discuss possible ways to respond. If the matter does go to court, our role may continue through discovery, mediation, hearings, motions, or trial.

Businesses and individuals may also contact us when they see a problem developing and want to understand their responsibilities or possible exposure. Addressing the issue early may provide more options, although the appropriate response will depend on the facts, deadlines, and people involved.

Civil Matters We Handle

Civil disputes can take many forms. James & Newberry handles matters involving business operations, contracts, property, professional relationships, and other legal concerns.

Business Disputes

Disagreements between businesses can involve money, contracts, services, ownership, or ongoing working relationships. We represent businesses at different stages of these disputes, including before and after a lawsuit is filed.

Contract Matters

Someone does not pay. Work is left unfinished. Or the two sides simply disagree about what they signed. We handle contract matters by starting with the agreement itself and what happened afterward.

Entity Formation & Maintenance

We advise business owners on forming business entities and addressing ongoing matters involving company records, governance documents, and maintenance requirements.

Real Estate Disputes

Real estate disagreements may concern purchases, sales, leases, development, boundaries, ownership, or another party’s use of property.

Real & Personal Property Disputes

We handle disputes involving the ownership, possession, use, or transfer of real estate and personal property.

Business Torts

These cases may stem from dishonest conduct, careless actions, or someone placing their own interests ahead of duties owed to another person or business. We also handle claims brought under the Texas Deceptive Trade Practices Act (DTPA).

Partnership & Shareholder Disputes

Disagreements among owners may involve management decisions, company finances, ownership interests, fiduciary responsibilities, or the future of the business. We represent individuals and entities involved in partnership and shareholder disputes.

Injunctions & Emergency Relief

Some situations require a court’s attention before the underlying dispute can be fully resolved. We represent parties seeking or opposing temporary restraining orders, injunctions, and other forms of emergency relief.

Declaratory Judgment Actions

A declaratory judgment action asks a court to determine the parties’ rights or responsibilities. These cases may involve the meaning of a contract, ownership questions, insurance issues, or another genuine legal controversy.

Outside General Counsel Services

For some businesses, keeping an attorney on staff does not make sense. Outside general counsel gives them someone to call when a contract needs attention, a disagreement is brewing, or a legal question comes up in the course of business.

How We Handle Civil Disputes

A lawsuit is not always the first step. Some matters may be addressed through an early conversation, a written demand, negotiation, or mediation. Others require a prompt response in court, particularly when a lawsuit has already been filed or emergency relief is being requested.

The course of a case depends on what happened, what the available records show, the applicable deadlines, and what each party is asking for.

Reviewing the Situation

We begin with the events that led to the dispute. That may include reviewing contracts, correspondence, financial records, court papers, photographs, or other materials connected to the matter.

Deciding Where to Go From Here

Some disputes call for a conversation or mediation. Others may mean filing a lawsuit, responding to one, or asking the court to step in quickly. We’ll look at where things stand before discussing which of those routes may fit the situation.

Building the Case

Once a lawsuit is underway, there is evidence to gather, paperwork to file, and questions from the other side to answer. Depositions, court motions, mediation, and trial preparation may also become part of the case.

Appearing in Court

We represent clients during hearings, motion practice, trial, and other court proceedings that may arise over the course of a civil case.

Addressing Post-Judgment Issues

A court’s judgment does not always settle every remaining issue. Further proceedings may be needed to enforce, clarify, challenge, or otherwise address the judgment.

Preparing for Your First Meeting

Bring the documents you have concerning the dispute. These may include:

• Contracts or written agreements
• Court papers and notices
• Emails, letters, or text messages
• Invoices and payment records
• Business or financial records
• Photographs or videos
• Insurance documents
• A timeline of important events
• Information about approaching deadlines

Do not worry if you are unsure whether something matters. Seeing the available records can give the attorney a better understanding of what has occurred and which questions still need to be answered.