Litigation is a major portion of the firm’s work. Coogan Smith, LLP’s litigators are skilled trial attorneys who have successfully tried cases in federal (U.S. District Court and bankruptcy courts) and state (Superior Court, district courts and probate court) courts in Massachusetts and Rhode Island.
Coogan Smith, LLP, regularly represents clients before various state departments and agencies, including the Appellate Tax Board, the Massachusetts Commission Against Discrimination, the Department of Unemployment Assistance, and in retirement and pension system proceedings.
Our attorneys offer a full range of litigation services to business, institutional and individual clients. Our litigators are versatile in their approach and have an established history of obtaining maximum results for our clients.
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Frequently Asked Questions: Civil Litigation
Explore common questions that come up for this practice area.
Litigation begins when a person/business (the plaintiff) files a complaint against another business/person (the defendant) who must respond to the complaint. At this juncture, the defendant must determine whether to answer the complaint, move to dismiss the complaint, and/or whether there are any counterclaims or third-party claims it should assert. After the initial claims and responses are filed, cases generally proceed to the discovery phase.
Discovery is the process by which each party seeks information from the others in order to determine the facts of the case. This is accomplished by requests production of documents, interrogatories (written questions), and requests for admission. In addition, the parties may conduct depositions. Depositions involve an attorney asking questions and the witness answering under oath. Depositions usually take place in an attorney’s office, where a stenographer will be present to record the testimony and generate a transcript. Once discovery concludes, the parties should have a full understanding of the facts.
In Massachusetts, clients generally only appear in court at the trial. The vast majority of other hearings (motion hearings, status conferences, pre-trial conferences, etc.) only require the attendance of the attorneys.
If there are no disputed facts, a party may move for summary judgment (a request that the court resolve the matter based on the paperwork submitted without having to proceed to a trial). If there are disputed facts, the parties might try to resolve the matter through informal settlement negations; through mediation (a process in which a neutral person attempts to facilitate a settlement); or through arbitration (a process in which a neutral person renders a binding decision). Should the parties be unable to settle or resolve the case, it will ultimately be decided at a trial.
Most people have a general understanding of what occurs at trial (the attorneys make opening statements, witnesses testify and exhibits are introduced, the attorneys make closing arguments, the judge or jury decides the case, etc.). When a client asks “what happens at trial,” they are often really asking “am I going to be involved” and “do I have to testify.” Yes, you will need to testify if you want to share your side of the story and perspective of the facts. However, by the time the trial occurs, you will have gone over your anticipated testimony numerous times with your attorney and this level of preparation will greatly diminish your anxiety.
From filing the complaint to the entry of judgment typically takes between one and three years (depending on which court it is filed in, how complex the issues are, whether the matter is bitterly contested, etc.). In addition, there might be post-judgment appeals and/or issues in collecting or enforcing the judgment, both of which can add a number of years to the process.
Under the American rule, each party is generally responsible for their own legal fees. There are certain “loser pays” exceptions set forth in various statutes, however, it is best to assume that you will be responsible for your own attorney’s fees.
There are a number of ways that legal fees can be structured. It could be on a straight hourly basis; or on a contingent fee basis (a percentage of what is collected); or a blend of hourly and contingent fee; or simply on a pure flat fee (a set price). What works best depends on the type of case, the preferences of the client, and the preference of the attorney. In any event, the fee arrangement must be mutually agreed to between you and your attorney.
