How it works
From the first meeting to the last order
Most civil cases follow the same path. Most also settle somewhere along it.
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Step 1: A first meeting
An hour, at the office or by video. Bring the contract, the emails and a list of dates. You’ll hear what the documents support and what the next step would cost.
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Step 2: A letter, or a lawsuit
Many disputes end with a demand letter or a reply to one. If not, Merritt files the complaint, or the answer if you’ve been sued, usually within the deadline the court sets.
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Step 3: Discovery
Both sides trade documents, answer written questions and sit for depositions. It’s the longest and most expensive stage, and where cases are usually won or lost.
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Step 4: Mediation
A neutral mediator meets with both sides to look for a settlement. Many courts require it, and most cases that settle do it here.
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Step 5: Trial or arbitration
If it doesn’t settle, a judge, a jury or an arbitrator hears the evidence and decides. You’ll prepare your testimony together, well ahead of time.
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Step 6: After the decision
Collecting a judgment, or responding to one, and deciding whether an appeal is worth it. The deadline to appeal is short.
Fees
What a case costs, and how you’ll know
Most litigation is billed by the hour against a retainer. Some letters and lien filings can be done for a flat fee. In a few collection cases a contingency fee is possible; you would still owe court costs and expert fees whatever the result, unless your agreement says otherwise.
Before any work begins you’ll get a written engagement letter that sets out the fee, the retainer and the costs you’re likely to pay. Each month you’ll get a bill that says what was done.
Ready to see where your case stands?
A first meeting is the first step on this path, and you decide afterward whether to take the next one.