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Civil Litigation - Getting Legal Help

Northern California Civil Litigation Information

If you have been served with a summons and complaint, you should get legal counsel as soon as possible. Otherwise, you run the risk of missing important deadlines which could result in your "default," which could then result in a judgment against you. Also, you may have legal grounds to have the complaint dismissed at the outset of the action. For example, it is possible you have grounds to file a "demurrer" or "motion to strike" which could result in the dismissal of the complaint against you. However, those motions have certain deadlines and may take several days to prepare. Thus, if you delay in finding an attorney, you risk losing your right to challenge the complaint.

Therefore, if you are served with a summons and complaint, you should do two things simultaneously, as soon as possible:

1. Start looking for an attorney, and
2. Ask your liability insurance carrier(s) to provide an attorney to defend you.

If you hire an attorney before you communicate with or hear from your insurance carrier, your attorney should assist you in requesting coverage from your insurance carriers. Give your attorney all your insurance information and ask your attorney to contact your various carriers to try and obtain coverage for the lawsuit. If you have insurance coverage for the lawsuit, your insurance company will typically retain an attorney to defend you and, in some situations, allow you to retain an attorney at its expense to represent you in the lawsuit. (Additional information regarding these issues are discussed in the sections below, including "Asking Your Insurance Carrier to Help You," "Finding an Attorney" and "Reservation of Rights and Independent Counsel.")

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