Litigation

Litigation and Trial Services in Bradenton
When legal disputes escalate, having experienced litigation and trial services on your side can make a significant difference in achieving a favorable outcome. At McNary Powers, we understand the complexities of litigation and offer strategic legal representation to clients in Bradenton, Lakewood Ranch, and Sarasota. Whether you’re facing a civil lawsuit, business dispute, or criminal charge, our team is dedicated to protecting your rights and interests. In this comprehensive guide, we’ll explore the litigation process, its various stages, key considerations, and how our firm can assist you in navigating the legal system effectively.
Understanding Litigation
Litigation is the legal process of resolving disputes through the court system. Unlike alternative dispute resolution methods such as mediation or arbitration, litigation involves formal legal proceedings where a judge (and sometimes a jury) determines the outcome. It can arise in various legal areas, including family law, criminal defense, personal injury, and business disputes.
The Stages of Litigation
- Pre-Litigation Investigation and Case Assessment
Before a lawsuit is filed, attorneys conduct a thorough case assessment. This stage involves:- Reviewing evidence and legal documents
- Interviewing witnesses
- Evaluating the strengths and weaknesses of the case
- Advising clients on potential legal strategies
At McNary Powers, we emphasize a meticulous approach to case assessment, ensuring our clients understand their legal standing and available options.
- Filing the Complaint and Response
The litigation process formally begins when the plaintiff files a complaint outlining the allegations against the defendant. The defendant then has an opportunity to respond, either by:- Filing an answer admitting or denying the claims
- Filing a motion to dismiss if the lawsuit lacks legal merit
- Discovery Process
Discovery is a crucial phase where both parties gather evidence to build their case. This includes:- Interrogatories (written questions requiring answers under oath)
- Depositions (oral testimonies recorded under oath)
- Requests for production of documents
- Expert witness evaluations
- The discovery process helps both sides uncover key facts and assess the strengths of their positions.
- Pre-Trial Motions and Hearings
Before trial, attorneys may file motions to shape the proceedings. These can include:- Motions to exclude evidence
- Motions for summary judgment (asking the court to decide the case without a trial)
- Motions to dismiss based on procedural issues
- Settlement Negotiations and Mediation
- Not all litigation cases go to trial. In many instances, parties prefer to resolve disputes through negotiation or mediation. This can save time, legal expenses, and stress. Our firm advocates for fair settlements but is always prepared to proceed to trial when necessary.
- Trial Proceedings
If a case proceeds to trial, it typically involves:- Jury selection (if applicable)
- Opening statements
- Presentation of evidence and witness testimonies
- Cross-examinations
- Closing arguments
- Jury deliberation and verdict (in jury trials)
McNary Powers has extensive trial experience and is committed to presenting compelling arguments on behalf of our clients.
- Post-Trial Motions and Appeals
After a trial concludes, either party may file post-trial motions or appeals. These can include:- Motion for a new trial
- Appeal to a higher court if legal errors occurred
- Our firm is equipped to handle appeals, ensuring that our clients receive a fair judicial process.
Litigation in Family Law
Family law litigation often involves high-stakes disputes, including:
- Divorce Litigation: When spouses cannot agree on asset division, child custody, or alimony, litigation may be necessary.
- Child Custody Disputes: Court intervention may be required to determine custody arrangements in the child’s best interests.
- Modifications and Enforcement: When circumstances change, litigation may be needed to modify or enforce existing court orders.
Litigation in Criminal Defense
Criminal defense litigation is crucial for individuals facing charges such as:
- DUI and Traffic Offenses: Defending against charges that could result in fines, license suspension, or jail time.
- Drug Charges: Advocating for clients accused of possession, distribution, or trafficking.
- Violent Crimes: Defending against assault, domestic violence, and other serious offenses.
- Juvenile Crimes: Ensuring fair treatment for minors in the legal system.
Civil Litigation and Business Disputes
Civil litigation encompasses non-criminal disputes, such as:
- Contract Disputes: Resolving breaches of contract and business disagreements.
- Employment Law Cases: Addressing wrongful termination, discrimination, and wage disputes.
- Real Estate Litigation: Handling property disputes, landlord-tenant issues, and title claims.
Why Choose McNary Powers for Litigation and Trial Services?
At McNary Powers, our commitment to honesty, integrity, and compassionate advocacy sets us apart. We offer:
- Personalized Legal Strategies: Tailoring our approach to fit each client’s unique situation.
- Extensive Trial Experience: Skilled representation in both civil and criminal cases.
- Strong Negotiation Skills: Striving for favorable settlements while preparing for trial if necessary.
- Community-Focused Advocacy: Serving Bradenton, Lakewood Ranch, and Sarasota with dedication and professionalism.
Conclusion
Litigation can be complex and challenging, but with the right legal team, you can confidently navigate the process. Whether you need representation in a family law dispute, criminal case, or civil litigation, McNary Powers is here to help. Call us at (941) 345-1662 today to discuss your case and explore your legal options.


