Civil Defense Attorney
Civil defense is the practice of representing defendants named in a civil lawsuit. A civil lawsuit generally seeks money from the defendant.
The most common types of civil litigation include: disputes and laws that encompass contracts, business transactions or personal injuries.
As a result of this widespread characteristic, a civil defense attorney should typically specialize in a specific practice area. While most civil firms represent both plaintiffs and defendants, Bidari Civil Defense exclusively handles only civil defense cases- representing only defendants.
As counsel to judges, lawyers, law firms, doctors, politicians, elected officials and former litigation counsel to government entities such as the Sheriff’s Department, Land Use Services, District Attorney’s Office as well as the Public Defender’s Office, our civil litigation defense attorneys in Orange County offer cutting edge experience and services.
In exclusively representing defendants in civil suits, this firm has mastered the art and skill of asserting and establishing layers of both procedural and substantive defenses as well as working in concert with other named co-defendants. This is very important in that most cases, the plaintiff will pit the defendants against one another in an effort to see who will be the last one standing.
However, all efforts to de-rail Plaintiff’s efforts in dividing the named defendants against one another should be made at the onset of each case. Therefore, this firms does everything in ascertaining that all named defendants not starting blaming each other as the Plaintiff would want and instead to organize a united defense when and if appropriate and no conflicts of interests exist.
Also, when co-defendants decide to work with one another and not against one another, they save on litigations costs.
Pre-trial Negotiations and Settlement
Also, realizing litigation is costly (both financially and emotionally), this firm works diligently and sincerely in negotiations and settlement when essentially necessary and/or at the client’s direction and request. Our settlement success rate is very good as we have a resolution-oriented approach. Mr. Bidari was an invited guest lecturer at the Greater Inland Empire Municipal Attorneys’ Association “Negotiations and Settlement.”
Our practice is to work with our opponent as much as possible or vigorously litigate the case accordingly when negotiations prove futile.
Preventing lawsuits against its clients is a major priority of this firm. However, once a suit is inevitable and/or filed, this firm fights vigorously for its clients.
Plaintiff has the Burden of Proof
Our defensive principles are well grounded on the long-standing legal requirement that the complaining party (the Plaintiff) carries the burden of proof and such must be held to prove his/her case accordingly.
As such, Bidari Civil Defense always makes sure that the complaining party has the burden of proving his/her case via credible and admissible evidence while withstanding the procedural hurdles that may arise before, during and even after litigation.
Sometimes, however the best defense is good offense.
Sometimes, however the best defense is good offense. This means, that when and if necessary, a cross complaint against the complaining party should be considered and filed by the defendant. This is called a cross complaint. However, a cross complaint should be the last resort as we like to keep the cases as simple as possible without any further complications. However, it is always important to shed light on Plaintiff’s case in ascertaining what mistakes or violations Plaintiff committed during the course of the transactions at hand in asserting a stronger defense.
Therefore, it’s important to focus on both the strengths and weaknesses of both plaintiff’ and defendant’s case in ascertaining what areas to attack and what areas to develop.
This firm always focuses heavily on procedural defenses- especially when the facts are against the client. Just like in the criminal law arena, civil procedural defenses can be life-savers.
Civil procedural defenses such as improper jurisdiction, statute of limitations, statute of frauds are pivotal in winning cases that may otherwise be losers.
This firm received the American Jurisprudence Award in Civil Procedure- a practice of law and topic a famous law school professor described as “watching grass grow.”
As boring and tedious as it may be, civil procedure is a life-saver. This firm focuses heavily on such defenses.
The discovery portion of civil litigation is the most labor-intensive portion of the process and since the admissibility and weight of evidence are the main components of trial litigation, this firm devotes the majority of its resources and time to the gathering and evaluation of witness testimonies and evidence in the discovery stage.by deposing the complaining party, ascertaining the identify of all witnesses, finding and contacting witnesses, interviewing/deposing witnesses, hiring private investigators, seeking vital documents and records via requests for production or subpoenas and/or hiring the appropriate experts for trial testimony.
The discovery portion of the civil practice entails filing and/or defending against discovery motions. For example, should we seek certain evidence from the Plaintiff which the Plaintiff refuses to supply, the demanding party must file a timely motion (within 45 days in California from the original due date) with the court in seeking such evidence.
The converse is true as well. There may be times, the defendant will legitimately withhold the disclosure of certain evidence (for example, it’s confidential or it’s privileged) and must defend itself against such a motion in court.
Not enough attorneys practice and file pre-trial motions as are available and necessary, but our civil defense attorneys in Orange County exhaust all resources when it comes to your case.
Pre-trial motions (such as Motions to Dismiss or Motions to Transfer) are essential in establishing the ground work for trial.
Motions to Dismiss can be based on a litany of reasons and should always be at the forefront of each civil defense practitioner’s mind.
If a case can be won via a pre-trial motion, then the assigned attorney has a duty to file that motion. The client’s interests are paramount and everything in the assigned attorney’s power and ability should be done in serving the client’s best interests. This means filing the appropriate pre-trial motions.
Pre-trial motions may also include Motions in Limine and discovery motions- which are essential in keeping certain evidence from the jury or otherwise the opposite- making sure the jury hears certain evidence that is essential to the defense.
Trial preparation is key. Discovery must be conducted in a timely manner.
California Code of Civil Procedure and the California Rules of Court are extremely time sensitive and the court’s often unforgiving when such time lines are not met.
Knowing when and how to make a request (either from opposing counsel, the court or other third party) or when and how to respond to a request are important.
Making sure that all discovery is timely and accurately completed and that all witnesses (case in chief or adverse) were interviewed or appropriately summoned for court hearings and trials, and that all the proper court and evidentiary documents are also timely and properly filed are essential.
There is nothing worse than an attorney who is unprepared to represent his/her client in court. Every civil litigation attorney must be prepared.
Finding and designating the appropriate experts such as accountants, investigators, or law enforcement are mandatory and otherwise waived.
By analyzing the probable outcomes of cases, using knowledge of legal precedents, this firm offers its litigation clients several options before deciding how to proceed. This firm evaluates findings and develops strategies and arguments in preparation and presentation of cases.
This firm is selective as to the types of clients it represents. We are not at all afraid to take on challenging cases; however, we require clients who are forthright, cooperative and are willing to engage in the litigation process in a gainful manner.
A Civil practitioner should not make promises that are not viable or unreachable.
Each civil practitioner should articulate his/her defense strategy for the prospective client and draw an outline as to how the attorney plans on accomplishing and realizing these strategic defenses.
Again, remember, sometimes the best defense is good offense.