Frequently Asked Questions (FAQ)
At The Strategic Legal Group, PLLC, we represent businesses and individuals in complex disputes and provide ongoing counsel designed to help identify, manage, and reduce legal risk. Below are straightforward answers to common questions.
General Florida Litigation
What is civil litigation?Civil litigation is the process of resolving non-criminal disputes through the court system. These disputes may involve individuals, businesses, or other entities and may include breach of contract claims, business disputes, property issues, construction disputes, and other civil matters.
How long does a lawsuit take in Florida?
The timeline depends on the complexity of the case, the court’s schedule, the number of parties, discovery needs, motion practice, settlement discussions, and whether the case proceeds to trial. Some matters resolve in a few months, while contested or complex cases can take a year or more.
What is discovery?
Discovery is the formal exchange of information between parties. It may include interrogatories, requests for production of documents, requests for admissions, depositions, subpoenas, and electronically stored information. Parties must preserve relevant documents and data once litigation is reasonably anticipated.
Will my case go to trial?
Many cases resolve before trial through settlement, mediation, motion practice, or other resolution. However, effective litigation strategy often requires preparing the case as if it may proceed to trial.
What are my obligations as a litigant?
Litigants may be required to preserve relevant documents and electronically stored information, respond to discovery, attend hearings, appear for depositions, comply with court orders and deadlines, and communicate promptly and honestly with counsel. Failure to meet these obligations can harm your case and may result in sanctions or other adverse consequences.
What should I do if I think litigation may be coming?
Preserve relevant documents, emails, text messages, contracts, financial records, and other potentially relevant information. Avoid deleting, altering, or destroying records, and consult counsel promptly if you believe a dispute may result in litigation.
What is a deposition?
A deposition is sworn testimony taken outside the courtroom, usually before a court reporter. Attorneys ask questions, and the testimony may be used in the case.
Commercial Litigation
What types of business disputes do you handle?
We handle business disputes involving breach of contract, partnership and shareholder disputes, business torts, fraud, fiduciary-duty claims, enforcement of agreements, and related commercial matters.
Can a contract dispute be resolved without litigation?
Often, yes. Many contract disputes can be resolved through negotiation, mediation, or other pre-suit efforts. In some situations, preparing for litigation or taking formal legal action may be necessary to protect rights, preserve leverage, or move the dispute toward resolution.
What damages are available in commercial cases?
Available remedies depend on the claims, contract terms, facts, defenses, and applicable law. Potential remedies may include compensatory damages, consequential damages where recoverable, equitable relief, interest, and in some cases attorneys’ fees and costs if authorized by contract, statute, or other applicable law.
Do you handle injunctions?
Yes. When immediate or irreparable harm is at issue, we evaluate whether temporary, preliminary, or permanent injunctive relief may be appropriate to preserve rights or prevent further harm.
Construction Disputes
What are common construction disputes?
Common construction disputes involve defective work, delays, non-payment, payment applications, change orders, lien claims, scope disputes, contract interpretation, termination, and warranty issues.
What is a construction lien?
A construction lien is a statutory remedy that may allow certain contractors, subcontractors, suppliers, and other lienors to secure payment for labor, services, or materials furnished to improve real property. Florida lien rights are highly deadline-driven and depend on strict compliance with statutory requirements.
Do construction cases require experts?
Frequently, but not always. Experts may be needed to evaluate workmanship, delays, causation, damages, building standards, code issues, or industry practices.
Can construction disputes be resolved without court?
Yes. Many construction contracts require mediation, arbitration, or other dispute-resolution procedures before litigation. Even when not required, early resolution through negotiation or mediation may be pursued when appropriate.
Alternative Dispute Resolution (ADR)
What is ADR?
Alternative Dispute Resolution, or ADR, refers to methods of resolving disputes outside of traditional trial proceedings, including mediation, arbitration, and negotiated settlement processes.
What is mediation?
Mediation is a confidential, non-binding process in which a neutral mediator helps the parties explore settlement. The mediator does not decide the case.Is mediation required in Florida?
In Florida civil cases, the court requires mediation before trial. Mediation may also be required by contract or agreed to voluntarily by the parties.
Is ADR faster than litigation?
ADR can be faster and more cost-effective than litigation in some matters, but the timing and cost depend on the dispute, the parties, the process selected, and the complexity of the issues.
What is the difference between mediation and arbitration?
Mediation is a non-binding settlement process facilitated by a neutral mediator. Arbitration is a private adjudicative process in which an arbitrator or panel may issue a binding decision, depending on the agreement and applicable rules.ArbitrationWhat is arbitration?Arbitration is a private dispute-resolution process in which an arbitrator or panel hears evidence and issues a decision. Arbitration is often binding, depending on the agreement or applicable rules.When is arbitration required?Arbitration is often required by contract. Courts generally enforce valid arbitration agreements, but enforceability depends on the language of the agreement, applicable law, and any defenses to enforcement.Is arbitration better than court?It depends. Arbitration can offer privacy, procedural flexibility, and potentially faster resolution, but it may involve filing fees, arbitrator fees, limited discovery, and limited appeal rights. Whether arbitration is preferable depends on the dispute and the governing agreement.Can arbitration awards be challenged?Arbitration awards are generally difficult to challenge. Depending on the governing law and arbitration agreement, courts may vacate or modify awards only on limited grounds, such as fraud, corruption, evident partiality, arbitrator misconduct, exceeding arbitral authority, or other grounds recognized by law.Outside General Counsel ServicesWhat is outside general counsel?Outside general counsel provides ongoing legal support to businesses without requiring the business to employ a full-time in-house attorney.What services are included?Services may include contract review and drafting, compliance guidance, risk management, employment-related legal issues, dispute prevention, vendor and customer issues, corporate governance support, and legal strategy.Why use outside general counsel?Outside general counsel allows businesses to address legal issues proactively, manage risk, improve contract processes, and reduce the likelihood or impact of disputes.Is this service cost-effective?For many businesses, outside general counsel can be a cost-effective way to obtain ongoing legal support without hiring a full-time in-house attorney. The right structure depends on the company’s needs, risk profile, and budget.Who should consider this service?Small to mid-sized businesses, startups, growing companies, and established companies without dedicated in-house counsel may benefit from outside general counsel support.Website, Intake, and Client CommunicationDoes contacting the Firm create an attorney-client relationship?No. Contacting the Firm, submitting a form, sending an email, calling the Firm, or requesting a consultation does not create an attorney-client relationship. Representation begins only after the Firm agrees in writing to represent you and you sign an engagement agreement.Should I send documents through the website?Prospective clients should not send confidential, privileged, sensitive, or time-sensitive documents through the website unless the Firm has expressly instructed them to do so. Existing clients should use the secure method provided by their legal team, including the client portal powered by Clio for Clients if available.What if I have an urgent deadline?If your matter involves an urgent deadline, do not wait for a response from a website inquiry. You should seek legal assistance immediately. Contacting the Firm through the website, by email, or through a contact form does not preserve, toll, extend, or satisfy any legal deadline.How do existing clients communicate securely with the Firm?Existing clients should communicate with their assigned attorney or case contact and use secure methods provided or approved by the Firm. When available, the client portal powered by Clio for Clients may be used to access case details, communicate securely with the legal team, upload and share documents, and keep case-related information organized.Final NoteEvery matter is fact-specific. The information above is general in nature and does not constitute legal advice. Reading this FAQ or contacting the Firm through this website does not create an attorney-client relationship. Do not submit confidential, privileged, sensitive, or time-sensitive information through the website unless the Firm has expressly instructed you to do so.For guidance regarding your specific situation, contact The Strategic Legal Group, PLLC to discuss whether a consultation may be appropriate.