What is Civil Litigation?
Written by JGPC Business Law on June 7, 2017. Updated June 2026.
Civil litigation is the legal process used to resolve disputes between individuals, businesses, or organizations through the court system. When negotiation, mediation, or arbitration are unsuccessful, civil litigation may provide a way to protect legal rights, enforce contracts, recover damages, or resolve complex business disputes.
What is Civil Litigation and When is a Lawyer Needed?
Disputes and disagreements are commonplace in the business world, and civil litigation is one method whereby these disputes and disagreements may be resolved. Civil litigation is appropriate in circumstances where arbitration, mediation, and other forms of informal dispute resolution are ineffective. While there is nothing that requires California businesses to retain a lawyer to assist them in navigating the civil litigation process, retaining a California business litigation lawyer as soon as possible can provide you and your business with immense rewards.
Dangers of Prolonged Civil Litigation
A civil case is initiated when one party involved in a dispute or disagreement files a complaint or petition against the other party and serves that party with a copy of the complaint or petition. Between the filing of this initial document and the ultimate resolution of the case following one or more appeals, months (or years, depending on court backlogs and the claims involved) may pass. Each month that a lawsuit remains pending, you must divert time and resources from your business’s other activities. This hinders your business’s operational efficiency and your ability to conduct other, more profitable business activities.
When Should You Retain a California Business Lawyer?
Although it may be months before your civil case makes it to trial, there are several reasons why it makes sense to retain an attorney to represent your business’s interests as soon as possible:
- Pretrial and discovery: Before your case proceeds to trial, the discovery and pretrial phases of litigation must be completed. In these phases, each party must exchange certain evidence with the other, and certain dispositive motions may be decided by the court. The importance of these two phases cannot be overemphasized: your case may be decided before it ever reaches the courtroom, depending on what happens during the pretrial and discovery phases.
- Familiarity with the case: It is much easier for an attorney to know what steps need to be taken to advance your interests if that attorney has been involved in the litigation for as long as possible. If your civil case has been going on for a period of time, it will take a new attorney several weeks (at least) before he or she is comfortable with your case. This may require a continuance of certain hearings or your trial to allow your attorney to become adequately familiar with your case.
Call JGPC for Assistance with Your Case
If your business is located in the East Bay of Northern California in Livermore, San Ramon, Pleasanton, Oakland, Tracy, Danville, Fremont, and other surrounding cities, and you anticipate a dispute may require litigation, contact JGPC Law right away for assistance. Our team of skilled business attorneys may be able to help you avoid litigation; where litigation is unavoidable, however, we possess the knowledge and resources necessary to help bring your civil case to a successful resolution as quickly as possible. Call JGPC Law for help by calling (925) 463-9600, or contact us online.
Frequently Asked Questions
What is civil litigation?
Civil litigation is the process of resolving non-criminal disputes through the court system. Business litigation may involve contract disputes, partnership conflicts, commercial lease disagreements, business torts, collection matters, and other legal claims.
How long does civil litigation take?
The timeline varies depending on the complexity of the dispute, court schedules, the number of parties involved, and whether the case settles. Some matters resolve within months, while others may take several years to reach a final resolution.
When should a business consider civil litigation?
Litigation is often considered when informal negotiations, mediation, or other dispute resolution methods fail to resolve a conflict. It may also be necessary when immediate legal action is required to protect important business interests.
Can a business dispute be resolved before trial?
Yes. Many civil lawsuits settle before reaching trial through negotiation, mediation, settlement conferences, or other dispute resolution methods. In some cases, a court may also dismiss claims or resolve issues through pretrial motions.
Why should a business hire a litigation attorney early?
Early legal involvement can help preserve evidence, develop legal strategies, identify strengths and weaknesses in a case, manage deadlines, and improve the likelihood of achieving a favorable outcome.