Litigation Services

The Litigation Process -- when Alternative Dispute Resolution is not an option.

Why engage in the litigation process? Some say, when all else fails, litigate. But it is not that simple. Sometimes the litigation process is the only option, such as:

• The litigation process is the right choice when you need to get the other side's attention or to show them that you are serious;
• Some matters of principle require that you "get your day in court";
• Litigation services may be necessary if one party has been abused or is psychologically in a weaker position to negotiate;
• Litigation law can help when you need quick, enforceable relief through an injunction or restraining order;
• A litigation law firm can assist you when you have tried to reach a settlement and just can't.

What is litigation law?

Litigation is an adversarial process in state or federal court or before an administrative tribunal, which usually starts with the filing of a complaint. In litigation, unlike ADR, a third party - judge or jury - decides your fate. The litigation process generally follows these steps:

1. The complaining party (the "plaintiff") files a complaint.
2. The clerk issues a summons, which along with the complaint must be served on the defendant.
3. After the defendant is properly served with the summons and complaint, s/he must file a response with the court (except in limited situations).
4. This is usually followed by discovery, in which each side may have to answer questions in writing ("interrogatories"), produce documents to the other side, and have depositions taken. (A deposition is testimony taken under oath, usually in an attorney's office, that can be used at trial.)
5. There are almost invariably motions, in which a judge or court officer decides disputes between the lawyers (e.g. one side didn't produce the required documents) or between the parties (the other party should be held in contempt of court because he/she didn't do what the court ordered previously).
6. If the parties cannot settle the case, then the judge decides the matter, sometimes on motions ('one side didn't have a case so I am dismissing the action') or by trial, or a jury decides the case after hearing testimony.

Litigation Lawyer Bob Baum Works on Many Types of Cases

Litigation lawyer Bob Baum has over 24 years of litigation experience in a variety of cases, including family law (e.g. divorce, custody), business disputes (e.g. contract, intellectual property, privacy, products liability, environmental litigation, real estate/land use, construction, insurance, health care matters and constitutional challenges). In more personal matters, such as family law and small business disputes, he handles all of the professional matters personally, and always works directly with the client. In larger matters, he is of-counsel to a major litigation law firm located in Rockville, Maryland, with a national litigation practice, so he can bring in additional legal power when necessary and cost effective. Mr. Baum enjoys being a litigation attorney because each case is a new, exciting challenge; his motto is “I work on each case as if it's the most important case I have.”

A Well-Rounded Litigation Attorney

Mr. Baum has a proven record of being able to effectively litigate effectively a variety of cases, in an aggressive yet cost effective manner. His experience lets him pull in the most effective techniques from different types of litigation cases. For example, he uses the aggressive tactics more common to family lawyers in business cases, while using the business acumen he developed in business cases for his family law clients. By litigating commercial and family law cases, he avoids “burning out,” in any one area, yet this combination still allows him to stay on top of developments in the areas where he litigates.