Civil Litigation in the State of Florida

Gary S. Edinger, P.A. represents both plaintiffs and defendants in every kind of civil dispute you might imagine from contract claims to corporate governance disputes to the collection of debts, and other First Amendment cases. We try cases to juries, judges, and administrative law judges in a variety of courts and tribunals in the state and federal systems. If you wish to bring a civil suit or are being sued and require a defense, there is scarcely a claim that we can’t handle.

This firm represents civil clients in trial courts and before state administrative agencies (DOAH). We are also experienced with civil appeals of all kinds, from family law to land use matters to the most sophisticated First Amendment issue.

We have particular experience handling the needs of adult entertainment businesses of all kinds. We handle entertainment ordinances from licensing to zoning matters, and everything in between. We also defend against FLSA wage and hour cases, “model misappropriation” cases, and all the typical disputes that any business may face. We provide transactional services and general business advice for the adult entertainment industry.

The Role of a Litigation Attorney

Litigation attorneys, known as litigators or trial lawyers, represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes.

The initial Case Assessment and Investigation

In a plaintiff’s case, litigation attorneys will conduct an initial case investigation to decide if enough evidence exists to file a lawsuit. In a defendant’s case, the attorney will assess what evidence exists to defend a suit against his client. Litigation attorneys often partake in pre-litigation settlement discussions to resolve the issues before a lawsuit is filed.

Drafting Pleadings

Pleadings and motions must be filed with the court on the plaintiff’s or the defendant’s behalf in a lawsuit. Plaintiff attorneys draft and file a summons and complaint to initiate the lawsuit, and defense attorneys draft answers and counterclaims in response to the complaint.

The Discovery Process

The discovery part of the lawsuit process relates to the exchange of any relevant information between the parties. Litigation attorneys possess many discovery devices to access this information. Such methods may include interrogatories, a series of written questions that the other party to the lawsuit must answer, in writing and under penalty of perjury. It may consist of depositions that involve issues presented by the other attorney in the office setting and answered under oath. Other methods of discovery include requests for documents that are in possession of the other party, and requests for admission to ask the other party to admit to or deny aspects of the case in writing and under oath. Litigation attorneys may examine physical evidence and collect, process, and analyze information. The attorney will more often rely on experts to submit written reports that can be at trial or be called to testify at trial. Litigation attorneys draft and argue discovery. These discovery processes help litigators gain information, identify issues, and create a case strategy.

Pre-Trial

Preceding the trial, the attorney will complete discovery and prepare for court. The litigator will consult and advise their client, retain expert witnesses, go to pre-trial conferences, and develop trial strategies. They prepare demonstrative evidence and draft and argue pre-trial motions such as those dealing with the admission of evidence.

Trial

If the case proceeds to trial, litigation attorneys work earnestly, presenting the case before the judge or prepping for the next day. They collaborate with experts and their client; they identify the strengths and weaknesses and develop a persuasive argument to the case.

Litigators present their case in court and give opening and closing statements to the judge or jury, examining and cross-examining witnesses and giving testimony and evidence. Most cases never reach trial but are settled to stop the risk and expense of court. Litigators move to negotiations with the other party and may participate in mediation and settlement conferences with the judge. They create agreements, releases, settlements, and other substances to present an agreement that may be reached. An attorney may appeal the case in the event of a legally flawed outcome.

Get in Touch with a Civil Litigator in Gainesville, Florida

Gary S. Edinger, P.A., has over 30 years’ experience as a legal professional and is familiar with all procedures and paperwork that needs to be done and is ready to fight for your rights. Contact us at 352-338-4440. We offer confidential consultations and have economically competitive rates.