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Civil Litigation
Civil litigation is a broad term that encompasses the various aspects of conducting what is colloquially referred to as a lawsuit. The purpose of civil litigation is to “decide or delineate private rights and remedies in a dispute between litigants in a matter relating to”[1] law. The complexity of civil litigation varies case-by-case; that is why it is important to engage a firm with experience in civil litigation at the federal, state, and tribal levels.
Administrative / Regulatory Practice
Administrative and regulatory practice is similar to civil litigation in that its purpose is to decide or delineate rights and remedies in a dispute relating to law, however, these forums are often created for a specific purpose and the subject matter they address is limited. Administrative and regulatory forums are found at nearly all levels of government and have become a significant mechanism in the modern era for the adjudication of rights and remedies. The complexity of administrative and regulatory issues varies case-by-case; that is why it is important to engage a firm with experience in administrative and regulatory practice at the federal, state, and tribal levels.
“In litigation you either take the initiative or you stand on the defensive, and your attack or defense must be supported upon one or both of these two elements. The aim of an intelligent preparation is to secure for your client a superior advantage over his adversary on the law, or on the facts, or on both. If by prudent provision you can be stronger on the facts under the law, you will win, or if your case be in the proper construction of the law, which you can show, it may be by great research and exhaustiveness of presentation to be for you, again you have the preponderance. But if you can present superior combinations, both of law and fact, then you are doubly safe. The right preparation of a case is scientific, and its object is to present for the client at the trial, on those points of controversy, which are cardinal or controlling, the ascendancy as already explained . . . . Napoleon’s saying, that the art of war consisted all in being the stronger on a certain point, is accepted as a maxim. So in litigation, there are turning points, either of law or fact, where superiority will win for the party who has it.”[2] – John C. Reed
[1] CIVIL PROCEEDING, Black’s Law Dictionary (10th ed. 2014).
[2] John C. Reed, Practical Suggestions for the Management of Law-suits 20–21 (1876).