Civil Litigation

Civil Litigation in Pembroke Pines, Florida

Andrew Cargill represents clients in civil litigation matters in Florida state court and, where applicable, in the United States District Court for the Southern District of Florida. Solo practice since 2006, serving Pembroke Pines and the South Florida tri-county area.

What Civil Litigation Covers

Civil litigation is the legal process of resolving disputes between parties through the court system, where one side seeks a remedy — usually money, but sometimes a court order requiring specific action — and the other side defends against the claim.

Civil cases are different from criminal cases. In a civil case, the dispute is between private parties (which can include businesses and individuals). The remedies are civil — damages, injunctions, declaratory judgments — not jail time.

What Andrew Handles

Contract Disputes

When parties to a contract disagree about what the contract requires, whether one party has performed, or whether one party has breached, a contract dispute arises. Andrew represents both plaintiffs (the party claiming breach) and defendants (the party defending against the claim) in contract disputes involving commercial contracts, service agreements, and related matters.

Business and Corporate Civil Matters

Civil disputes involving business entities — shareholder disagreements, partnership disputes, contract enforcement, and disputes over business obligations — fall within the firm’s practice. Andrew works with small businesses, individuals doing business with companies, and other business clients.

Other Civil Claims

The firm handles other civil matters including consumer disputes, property-related civil claims, and service-related disputes. Whether the firm is the right fit for a particular matter is something Andrew discusses at the initial consultation.

Federal Civil Litigation

Andrew is admitted to the United States District Court for the Southern District of Florida Bar, which allows him to appear in federal civil matters in that court when the case falls within the firm’s practice areas.

What Civil Litigation Does Not Cover

To set expectations clearly: the firm does not handle class actions, complex commercial litigation, personal injury matters, or federal civil litigation outside the Southern District of Florida. If a matter falls outside the firm’s practice areas, Andrew can often refer clients to attorneys who handle that type of case.

What the Process Looks Like

Civil litigation typically follows a series of phases, though the exact path varies by case:

  • Pre-suit evaluation. Andrew reviews the facts, the contract or other documents, and the available evidence to assess whether there is a viable claim or defense.
  • Demand or response. Many disputes can be resolved before a lawsuit is filed, through a demand letter or negotiated settlement.
  • Filing. If pre-suit efforts do not resolve the matter, a complaint is filed in the appropriate court.
  • Discovery. The parties exchange documents, take depositions, and gather the evidence they will use at trial.
  • Motion practice. The parties may file motions to dismiss, motions for summary judgment, or other motions to resolve issues before trial.
  • Mediation or settlement. Florida courts frequently require mediation, and many civil cases settle at this stage.
  • Trial. If the case does not settle, it proceeds to trial before a judge or jury.
  • Post-judgment. If a judgment is entered, additional steps may be needed to collect or to appeal.

Factors That Affect Cost

Civil litigation costs depend on:

  • The complexity of the dispute and the amount in controversy
  • The court the case is filed in (state vs. federal, county vs. circuit)
  • How much discovery is needed
  • Whether the case can be resolved through negotiation or requires trial
  • How much motion practice is required

Andrew generally uses hourly billing for civil litigation matters. The fee structure is discussed at the consultation and included in the written retainer agreement before any work begins.

Frequently Asked Questions

What’s the difference between civil litigation and a criminal case?

Civil litigation is a dispute between private parties — one party claims another party caused harm, breached a contract, or otherwise owes something. The remedy is typically money damages or a court order. A criminal case is brought by the government against a defendant and involves potential jail time, fines, and a criminal record. Andrew handles civil matters; he does not handle criminal defense.

How long does civil litigation usually take?

Most civil litigation in Florida state court takes 12 to 24 months from filing to resolution. Some cases resolve much faster (an early settlement after a strong demand letter). Some take much longer (complex matters with extensive discovery and dispositive motions). Federal cases sometimes move faster because federal courts have stricter scheduling rules.

Do most civil cases go to trial?

No. The vast majority of civil cases — by some estimates, more than 95 percent — settle before trial. Settlement may happen after a demand letter, after early motion practice, at mediation, or on the courthouse steps before jury selection. Andrew prepares each case as if it might go to trial, but recognizes when settlement serves the client’s interests better.

What is mediation, and is it required?

Mediation is a confidential settlement conference led by a neutral mediator. The mediator does not decide the case; they help the parties reach their own agreement. In Florida, most civil cases are required to attend mediation at least once before going to trial. Many cases settle at mediation.

What is the statute of limitations on a contract dispute in Florida?

For most written contracts in Florida, the statute of limitations is five years from the date the contract was breached. For most oral contracts, it is four years. Statutes of limitations are jurisdictional — if you wait too long to file, the case is barred regardless of the merits. If you are considering a civil claim, do not delay calling.

Can I represent myself in civil court?

You can. Florida allows pro se representation in civil court. Whether you should is a different question. Civil procedure is technical, and a misstep on a deadline or a discovery response can result in adverse rulings that are hard to recover from. For most cases involving meaningful sums of money, having an attorney is worth the cost.

Will I be reimbursed for attorney’s fees if I win?

Sometimes. In Florida, attorney’s fees are generally not awarded to the winning party in civil litigation unless a statute, a contract provision, or a court rule specifically allows fee-shifting. Some types of cases — certain consumer claims, certain contract cases where the contract has a prevailing-party clause — do allow fee recovery. Whether fee-shifting is available in your specific matter is something Andrew evaluates at the consultation.

Schedule a Consultation

If you are facing a civil dispute or have been served with a lawsuit, Andrew offers initial consultations to discuss your situation and the legal options available.

Past results do not guarantee a similar outcome. Each case is different and the result of any particular case depends on factors specific to that case. The information on this page is for general informational purposes and does not constitute legal advice or create an attorney-client relationship.