What is a Matter in Law?
Facts of a Legal Matter: At its most basic, a legal matter is a legal issue. A legal problem that requires an answer. Any problem that exists before a court of law is a legal matter. The problems we call legal matters exist within a system of human relations in which concepts such as rights and duties play an important role. Examples of legal matters include a divorce , a custody fight, a personal injury case, and a lawsuit between business partners in which one partner believes that the other has harmed the partnership. What makes these matters legal is their existence within the system of human relations to which we assign meaning through concepts we call the law.
Different Kinds of Legal Matters
Types of legal matters vary widely and cover many different areas of the law. The most basic classification is that of civil and criminal matters. A criminal matter is one in which the state or federal government is prosecuting an individual for a crime. Crimes are classified as either felonies or misdemeanors, with felonies being much more serious. As a general rule, felonies involve substantial time in prison and misdemeanors involve either jail time (generally in country jail) or probation.
Civil matters cover almost the rest of the legal spectrum. Generally, someone is "suing" someone else. In this scenario, the party doing the suing is called the "plaintiff" and the party being sued is called the "defendant." There are many different types of civil litigation, including torts, contract disputes, personal injury, family law, probate, bankruptcy, etc. These matters are also divided into state cases and federal cases. A federal case is one in which the plaintiff has filed the case in a federal court, versus a state court. These matters can be heard in federal court only if there is what is referred to as "federal jurisdiction." This means there must be some amount of money in controversy which exceeds a certain amount, and there must be diversity of citizenship between the parties. In other words, the parties must be from different states.
Significance of Matters in Law
It is essential to clearly define the relevant legal issues at stake in a given legal dispute for purposes of identifying the applicable legal principles and coming up with a potential resolution. If the legal issues are not set out properly, then one runs the risk of being involved in a protracted legal proceeding where extensive costs are incurred, only to be slapped with a judgment that does not resolve the actual underlying dispute.
When dealing with a legal proceeding, an issue may have more than one potential legal question at its core. Depending on how the issues are defined, very different legal principles may be applied. For instance, regarding a business arrangement between two or more parties, there may be the fundamental question of whether a contractual relationship exists at all (which calls into play the doctrine of estoppel in the face of inconsistent determines), or if a contract is created, what the contract says, what the level of consent/trust is between parties, and other related issues.
If the parties to a legal dispute become confused about what the relevant issues are, or do not have a clear understanding of them, then they may go along with a protracted legal proceeding or arbitration/conflict resolution processes that run the risk of resolving issues that are not actually part of the underlying conflict. It would be quite unfortunate to spend valuable time and money that could otherwise be spent elsewhere, only to have a legal proceeding that runs afoul of the specific issues at stake.
Confused issues of what the relevant legal matters are can be avoided by consulting a lawyer who will clearly identify the relevant issues, and keep them as focused and cost-effective as possible during any legal proceedings.
Process of Dealing with a Legal Matter
A legal matter is typically handled through a series of steps commonly referred to as a matter lifecycle. While nothing in the legal or litigation world is certain – this is the central point. Here’s how the process typically works when the legal matter or dispute involves an attorney or law firm:
- Initial Client Interaction. An initial interview of the client by the attorney or law firm to gather basic information about the client and the issue. This initial step can be done in person, over the phone, or online.
- Matter Engagement. Once the attorney and client agree on the scope of the legal representation, a legal retainer agreement that identifies the scope of the representation should be signed by both the attorney / law firm and client. The benefit of entering into a written retainer agreement is it can serve as a road-map that helps guide the relationship, supports the intended scope of representation, and serves as a reference for your rights and obligations.
- Legal Analysis and Strategy Development. The engagement process often overlaps with the process of legal analysis and strategic planning. In most cases, it is early in the legal representation that the attorney will conduct a legal analysis, based on the facts presented, the applicable law(s) and the goals of the client. It is at this cross-road that strategic planning can begin, turning legal analysis into a game plan that can be implemented.
- Legal Research and Investigation. In the majority of matters (civil or criminal), legal research and investigation goes hand in hand with legal analysis and strategic planning.
- Motion Practice. While not all legal matters involve motion practice, in the vast majority of litigation, litigation motions will need to be prepared, filed or responded to, many times even from the very beginning of the case. For example, a motion to dismiss an action at the beginning of a case, or for a protective order to limit the scope of discovery.
- Discovery. In almost every litigation matter, formal discovery is conducted early in the matter. This process includes the gathering of evidence through written discovery, depositions, and/or other discovery methods.
- Pre-motion practice. After discovery has started, counsel for the parties will discuss the matter again and determine what else is needed to continue to take the matter through the adjudication process.
- Trial Preparation. As part of the preparation process to get a case ready for trial, a pre-trial conference is held between the attorneys and the judge in many matters or a Notice of Trial is filed with the court. At this stage, counsel may make follow up motions to the Court, including motions in limine to deal with evidentiary issues.
- Settlement Negotiation. Early, often informal, settlement negotiation between the parties is almost always going to occur prior to a case going to trial. In some cases, this negotiation can result in an amicable resolution prior to the commencement of formal trial. The attorney for each party may also recommend settlement negotiation.
- Final Trial Preparation. Close to trial, the Court may require counsel to make final arguments, exhibit lists, and discuss jury instructions.
- Trial. The trial of the legal matter will then commence and each parties’ counsel will present their legal arguments to the judge or jury. Each side has the right to present witnesses and other evidence to support their claims or defenses.
- Appellate Practice. Depending on the type of legal matter, the appellate process may start after the trial process. For example, a a summary judgment order, final judgment or order of some type, issues or orders made by a trial court, or a jury verdict that you want to challenge. The appellate process can be a separate, complex matter of law, depending on the legal issue involved, so it is recommended that you have an experienced appellate practitioner assist you in the process.
Searching for Legal Help
When an individual or business faces a legal matter, they often find themselves in need of legal advice. At times, an individual will attempt to handle the legal matter on their own, thinking it can be simple enough to tackle without counsel. This is not always advisable. Numerous individuals have given testimonials that they wish they would have sought the advice of an attorney sooner, rather than later. An experienced attorney can save many headaches, by preparing a person in advance for what they are about to face, and advising them on the proper steps they need to take to proceed with their legal matter in a proper way.
In choosing an attorney to represent you, there are many factors that need to be carefully thought out. First and foremost, the person or company seeking assistance wants to know how much experience the attorney has and whether their expertise is in the area of law relating to the legal matter at hand. A potential client is also looking for recommendations from other clients who have used the same attorney or firm. Normally, one would speak to family and friends to gather information on a potential attorney . Many new clients first meet the attorney when they attend a consultation. The initial meeting gives the client an opportunity to determine the services provided by the attorney and how long the attorney has practiced in the area of law relevant to their legal matter. The client has the opportunity to ask questions and explain their situation. The client should also ask the attorney about their fee schedule and the time involved in handling similar matters. The client should ask the attorney whether the consultation is protected by attorney-client privilege.
After obtaining information, the client is now at a position to generally evaluate the attorney and see whether there is a relationship that can be established. Ethics rules require that attorneys fully disclose their credentials and experience to clients and potential clients. Individuals seeking counsel should be wary of attorneys that are vague in their responses to your questions, or refuse to provide them with information. After carefully considering the options, clients typically make a decision and sign a retainer agreement.
How Technology Influences a Legal Matter
Technology is altering the way that legal matters are resolved. These changes are being driven by the development of LegalTech platforms, which include everything from software to hardware. LegalTech assists lawyers and their clients by enhancing their ability to organize and process information in both ways that are familiar (think a document management system) and those that are not (more on how AI can be harnessed to assist lawyers with law practice management soon). LegalTech also helps lawyers help our clients to avoid legal matters by providing ways to store corporate records or to electronically file trademarks, just to name a few other examples. Unlike in the past, technology also helps lawyers and clients effectively handle legal matters much more efficiently, such as by enabling lawyers to routinely handle arbitrations, mediations and court appearances remotely via teleconferencing and videoconferencing. Of course, by doing so, lawyers are no longer physically limited to practice in only the city or state where they are located in offices. Now, instead of going places, clients and lawyers can log on wherever they are located. Finally, advancements in artificial intelligence and online dispute resolution, including blockchain technology, will continue to impact legal matters. For instance, clients are now engaging in online negotiations and mediations with one another and even with their lawyers via portals that facilitate private real-time communications and draft legal agreements. Future advancements will allow lawyers and clients to resolve legal matters even faster and easier than they do now.
Conclusion: Effectively Resolving a Legal Matter
To conclude, gaining a comprehensive understanding of any legal matter requires an all-encompassing exploration of the terms, definitions, and concepts that are crucial to an attorney’s argument. An attorney must be able to effectively frame their position and viewpoint so as to avoid unnecessary hurdles or delays in the litigation process. Disruptions to a case due to unnecessary challenges to the defined terms, due to lack of understanding, can significantly impact the course and timing of adjudications, potentially resulting in extensive delays. Therefore, in order to ensure that the litigation process proceeds effectively, both sides to a case, as well as their respective attorneys , must dedicate time and effort to understanding the underlying legal matter. This requires an exploration of all relevant legal and social dynamics, granting insights into how to best understand the views of the opposing side. This can assist in narrowing the issues, as well as allocating time and resources more effectively.
With the continuous changes to the law, ever-evolving concepts are redefining legal landscapes, especially in light of recent political events and "power grabs" by courts across the country. As a result, understanding core concepts, including what constitutes a "legal matter," has become increasingly important. When it comes to the law, knowledge is power, and since the law is a constantly shifting field – it is essential to know how to navigate such changes.