Civil proceedings are usually initiated by individuals seeking monetary compensation, recovery of property, or performance of legal liability. Individuals, companies, and even the government can be parties to civil litigation. The party filing the complaint is referred to as the "plaintiff," and the party sued is the "defendant."

The plaintiff or claimant must exercise the burden of proof and satisfy the applicable burden of proof; many civil claims use a preponderance-of-the-evidence standard. 

Civil disputes can be a complicated process. Resolving a civil dispute can be a grueling process. You and the opposing side may have conflicting interests and be reluctant to compromise. We understand the importance of choosing the right lawyer and the best law firm to handle litigation or controversies that could result in litigation. Our litigation lawyers have extensive case-handling experience and can draw on broad subject matter knowledge throughout the firm as necessary to support your positions. We have the resources to adequately staff cases and the sensitivity to avoid overstaffing. We look for approaches that will be most effective, taking into account economic and non-economic objectives. If you find yourself in this situation, you need experienced legal counsel that is not afraid to tackle tough legal questions.

Individuals and businesses often find themselves involved in a legal dispute with another party. These disputes typically become matters resolved through civil litigation, which entails using courts or arbitrators for adjudication.

For plaintiffs in civil litigation, the objective is to right a wrong, honor an agreement, or obtain compensation for an injury.  On the other hand, defendants in a civil litigation matter want to aggressively protect their rights in opposing the plaintiff’s claim.

Whether you are a plaintiff or defendant, hiring a qualified civil litigation attorney is crucial in achieving a successful outcome in your case. Our civil litigation attorneys represent plaintiffs and defendants including individuals, partnerships, shareholders, and corporations in all aspects of litigation, including:

Business related litigation

• Fraud

• Breach of contract

• Dissolution or breakup of a business

• Unfair business practices

• Business disputes

• Trade secrets

• Non-compete covenants

• Breach of warranties

• Mechanics’ liens

• Employment litigation

Personal litigation

• Personal injury

• Product liability

Education

Administrative

• Administrative law

Injunctions

• Preliminary and permanent injunctions

Real estate and construction litigation

• Real estate litigation

• Landlord-tenant litigation

• Construction defects

• Premises liability

Our civil litigation attorneys work closely with clients to evaluate their potential claims or defenses related to commercial, professional, employment, and personal disputes. We represent clients before administrative agencies, alternative dispute resolution proceedings such as mediation or arbitration, jury or court trials in state and federal court, and proceedings before appellate courts. We help clients prepare their cases and counsel them on the steps and procedures involved.  A skilled civil litigation attorney can also help clients leverage their negotiating position to reach a beneficial settlement. A negotiated settlement is often the most expedient and cost-effective way to resolve many disputes.

Pursuing court litigation may be the best or only option if a dispute cannot be resolved through negotiation. In these situations, our civil litigation attorneys will collaborate with experts including investigators, accountants, economic impact analysts, and other relevant professionals to achieve a successful outcome.

Blumsack & Canzano’s litigation practice has successfully achieved results in various controversial work – federal and state, trial and appellate, international and domestic, arbitration, and other forms of alternative dispute resolution. Our litigation attorneys regularly handle complex commercial litigation, class actions, international litigation, securities litigation, bankruptcy and creditors' rights matters, product liability and mass disaster cases, white collar and enforcement defense cases, and labor and employment matters. We apply our deep experience in handling matters in key industries, including construction, government contracts, aviation, and maritime.

The litigation lawyers at Blumsack & Canzano have extensive experience in complex civil cases and are good at handling difficult legal issues. Our lawyers have extensive experience defending individuals and companies, defending numerous civil lawsuits involving contract disputes, emotional distress claims, construction disputes, employment claims, and consumer protection claims. The team of lawyers will explore all possible solutions and is always ready to negotiate on your behalf. Our lawyers and assistants will identify potential appeal issues in the early stages of litigation and ensure we have an advantage. When you work with Blumsack & Canzano, you will have a team of lawyers with a wealth of knowledge to serve you. Blumsack & Canzano will alleviate your worries, answer the risks related to your appeal or being sued, and safeguard your rights and interests.

With offices across the U.S. and international offices and relationships that give us a global reach, we can mobilize wherever and whenever you need us. Working with our litigation practice means partnering with problem solvers who have gone toe-to-toe with some of the toughest adversaries in the country.

Our ultimate goal is two-fold: to create opportunities for you to prevail in your dispute and to provide you with the value that results from having an efficient, seamlessly integrated team for addressing any case or controversy in which we are engaged.

Coordinating related legal issues

Start by separating the outcome you want from the facts you can document. For contract or damages litigation, organize agreements, payments and communications chronologically. Checking the parties and underlying records can reveal gaps before positions harden. The applicable Massachusetts civil procedure rules should then guide procedural planning; the volume of documents alone does not establish the strength of a claim.

Evidence preparation involves more than collecting screenshots. Proving disputed facts requires attention to the source and completeness of records and what each witness actually knows. If the events also involve criminal allegations, disclosure decisions need separate review. The Massachusetts Guide to Evidence provides a useful framework, while admissibility must be assessed in the particular proceeding.

Preserve original records when litigation becomes a realistic possibility, and distinguish documents already available from evidence held by others. Pre-dispute document review serves a different function from discovery in litigation. The Massachusetts discovery resources help frame requests around disputed facts, so that useful evidence is not buried in unrelated material.

Procedure affects both document preparation and scheduling. Civil claims and criminal proceedings should not be managed using the same assumptions about deadlines. Record the court, case number and service date, then consult the relevant court rules and standing orders. Ongoing negotiations should not be treated as proof that a court requirement has been suspended.

Read payment terms, notice provisions and dispute-resolution clauses in the context of the transaction. Contract review identifies the commitments the parties made; a breach-of-contract dispute also requires matching those commitments to performance records. If a court case is contemplated, review the applicable civil procedures before allowing one isolated clause to drive the entire strategy.

A negotiated resolution should identify who must do what, when performance is due and which disputes are resolved. Settlement planning in litigation needs to be coordinated with agreement terms and signing authority. Where court proceedings are involved, review the applicable rules and standing orders, rather than assuming a private understanding has completed every court-related step.

Ownership records and actual use can raise different issues in a property dispute. Title and transaction review should include payment, delivery and inspection records. If the dispute develops into contract or property-damage claims, document how each loss is calculated. Exchanges of evidence in litigation should follow the applicable discovery requirements.

After an injury, document the event, treatment and financial effects separately. An injury-claim assessment needs a reliable chronology, while proof of responsibility and damages depends on the evidence and procedure. The Massachusetts Guide to Evidence provides a framework for those questions. Preserve original photographs and statements so that editing does not remove their context.

Keep a record of each rental payment’s purpose, date and accompanying communications. Deposit and rent disputes should be checked against the property and lease documents. The Massachusetts guidance on security deposits and last month’s rent identifies issues to examine; a shorthand description on a check should not be treated as the complete legal analysis.

Personnel issues can affect both business operations and individual rights. Pay, working-time and separation records should be considered alongside the employer’s policies and management arrangements. For federal wage questions, consult the Department of Labor’s FLSA guidance and separately review state requirements. A job title or the label chosen by the parties is not a substitute for examining the facts.

When payment becomes difficult, distinguish secured obligations, unsecured debt and disputed amounts. Debt-relief and bankruptcy options need to be assessed alongside pending claims and judgments. The federal courts’ Bankruptcy Basics explains the procedural framework, but does not by itself determine whether a particular debt can be discharged or an asset retained.

When parties, assets or payments are located in different countries, identify where each relevant event occurred. Cross-border documentation and enforcement may need to be coordinated with foreign-income and tax-residency questions. The IRS international taxpayer resources provide a starting point for the U.S. tax issues, without establishing what another country’s law requires.