A trial is the culminating event of a lawsuit. Just like in the television shows, a trial is presided over by a judge. The verdict can be decided by either a judge or a jury. A trial generally lasts several days.

A lawsuit is the legal process that allows one person to enforce his or her rights against another person who is refusing to comply with his or her legal obligations. If you believe someone owes you money—or should be “forced” to do (or not do) something—the only way you can (lawfully) “force” that person to comply with his or her legal obligations is to bring a lawsuit. Unlike private individuals, a court has the legal authority to issue orders that have the force of law. A lawsuit essentially asks the court to issue an order or “judgment” that will be binding on the other party.

A lawsuit is started by the filing of a document called a “complaint.” The complaint describes the basic facts of the case and asserts the legal “claims” and “relief” a party is seeking. The person that files the complaint is called the “plaintiff.” The person against whom the complaint is filed is called the “defendant.”

Yes—and if you miss the deadline, you will lose the chance to enforce your rights (i.e., to bring a lawsuit). Deadlines vary depending on what kind of claim you are seeking. For example, a claim for breach of contract has a different deadline than a claim for fraud or defamation. These deadlines are set by laws called “statutes of limitation.” Private contracts sometimes also set limitation periods; these are typically shorter than the deadlines set by statute. In short, calculating the deadline can be a complicated exercise. Consult with your attorney to help you determine the applicable deadline(s) in your case.

You need to respond to the complaint—and soon. In most cases, a defendant who resides in Colorado has only 21 days to respond to a complaint. Generally, a response consists of some combination of an “answer,” a statement of “affirmative defenses,” or a “motion to dismiss.” In every case, a response to a complaint has significant legal ramifications. Talk with your lawyer to determine which course is best in your case.

Yes. And again, time is of the essence. In most cases, a defendant has 21 days (after receiving service of the complaint) to file a counterclaim. Depending on the nature of your counterclaim, it is possible that if you don’t raise your counterclaim within the allotted time, you will lose your claim forever.

Subpoenas are used by the parties in a lawsuit to obtain information from individuals and companies that are not parties to the lawsuit. Sometimes, subpoenas require the production of documents. Sometimes, subpoenas require a person (or a company representative) to show up and give testimony. Often, they require both. In any event, responding to a subpoena involves a number of significant legal considerations. You should promptly seek legal advice to help you understand how you should respond.

We practice in both state and federal courts. State courts are established under the authority of the state Constitution; federal courts are established under the authority of the federal Constitution. Federal courts are courts of limited jurisdiction (meaning, there is limited access to federal courts). Therefore, most disputes must be filed in state court. The rules and process are very similar in both courts. Your lawyer will be able to help you decide whether your case should be filed in state court or federal court.

The Colorado state-court system has three tiers of trial courts. At the lowest level is small claims court. Small claims court is meant to be simple and streamlined (although sometimes it is more expensive and complex than it should be). A plaintiff may not obtain a judgment of more than $7,500 in small claims court (although an award of costs and attorney fees does not count toward the limit). Generally, attorneys are not permitted to assist plaintiffs in small claims court, although a defendant may choose to be represented by counsel. The next level is county court. A plaintiff may not obtain a judgment of more than $25,000 in county court (again, excluding costs and attorney fees). The third level is district court. Generally, a district court may hear cases of all types and there is no limit to the amount of a judgment that may be obtained. Federal court has only one level of trial courts; they are called district courts.

It varies widely. But typically, from the time the complaint is filed to the time the final verdict is entered is between 12 to 24 months. (Cases filed in small claims court and county court are resolved more quickly.)

There are a number of factors. Just getting through the initial stage of the lawsuit (called the “pleadings” stage) can take several months. For example, if the defendant files a motion to dismiss, the case generally will not proceed until the motion to dismiss is resolved. After the pleadings stage, the case moves into what is called the “discovery” stage. This is the stage of the case that takes the longest. “Discovery” is the legal process whereby both sides are able to obtain relevant documents and information from the other side (and from third parties). Frequently, discovery will include, among other things, interrogatories (written questions posed to the other side), requests for documents, expert witness disclosures, subpoenas for documents (sent to third parties), and depositions (testimony under oath that is recorded and transcribed). Although discovery may sound simple on its face, it requires a significant amount of tedious work focused on the details of the case. The discovery phase will generally last at least four to six months and is often much longer. After the discovery phase, parties often file motions for summary judgment (asking the court to decide the case without any trial). The resolution of these motions can take several months. Finally, if the motions for summary judgment are not successful, the case proceeds to trial.

A lot. Conducting a complex and contested lawsuit from the first complaint to the final verdict can easily cost hundreds of thousands of dollars in attorney fees and other litigation expenses. It’s not something to be undertaken lightly. We make every effort to keep the cost down, but even accounting for these efforts, litigation is expensive.

Yes. Because of the cost of litigation, we require a $15,000 retainer for all litigation matters. The retainer must be received before we commence our representation. The retainer is deposited into our trust bank account (not our operating account) and, at the conclusion of our representation, will be applied against your final invoice. Any unused portion of the retainer will, of course, be refunded to you.

Of course. On a daily basis, we help individuals and small businesses with disputes that in all likelihood will be resolved without litigation. For a modest fee, we can write a letter to the other side. Sometimes a letter alone is enough to resolve the dispute; other times further negotiation is required. Our expertise includes negotiation of disputes of all kinds, whether such disputes are subject to litigation or not.

Yes, but the retainer likely will be much smaller than a litigation retainer. Typically, our non-litigation retainers are $3,000 to $5,000, depending on the complexity of the legal matter at issue. On a case-by-case basis, we may agree to an even smaller retainer if the legal matter is particularly simple and straight-forward, and our fees are not likely to reach $3,000.

Yes, we can. Mediation is just a fancy word to describe a situation when two (or more) parties agree to sit down and try to resolve their dispute with the help of a third-party neutral. Often, the mediator is a professional (sometimes a former judge) who has experience in assisting parties to resolve disputes. Mediation can be conducted at any time (subject, of course, to everyone’s agreement to participate). Sometimes, it makes sense to engage in mediation before initiating litigation. But even after a lawsuit has been filed, mediation is always an option to facilitate settlement.

No. The parties have no obligation to settle, even if they agree to mediate. The mediator has no power to “force” either party to settle.

Yes, we do handle arbitrations. An arbitration is essentially a trial that is run by a private company (e.g., AAA, JAG, JAMS) instead of by the public court system. Instead of a judge, an arbitrator (or a panel of arbitrators) presides. Generally, the arbitration rules and process are roughly analogous to the court rules and process. Arbitration awards are the equivalent of the court verdict. Unlike a court verdict, however, typically arbitration awards are private and cannot be appealed.