Litigation is the process of resolving legal disputes through the court system. Litigation can be complex, burdensome, expensive, time-consuming, and stressful. A single lawsuit can take years to resolve and cost tens or even hundreds of thousands of dollars. But local governments cannot avoid litigation entirely. In some ways, it is the cost of doing public business. Litigation can feel especially daunting and overwhelming for public officials and employees who are unfamiliar with the process. This post highlights a new resource to help local government officials and staff navigate civil litigation.

A new guide from the School of Government seeks to demystify and explain the various phases of litigation for employees and public officials in local government who are not lawyers. It applies civil litigation concepts to the local government context. The guide is available to access or download (at no cost) at this link: “A Civil Litigation Guide for Non-Attorneys in Local Government.”

The guide addresses the following topics and more:

Civil Litigation Basics

• the definition of litigation
• the phases of litigation including risk assessment, settlement efforts, pleadings, service, discovery, motions, trial, appeal, and judgment
• the features of key legal documents, such as a complaint and subpoena form

Lawsuits Involving a Local Government Unit

• the local government unit as a party to a lawsuit
• the types of legal claims brought against local governments
• the types of legal defenses a local government might raise
• the authority of a local governing board to provide for the defense of a lawsuit against an employee or official

Roles & Responsibilities in Litigation

• the local government actors upon whom service is appropriate
• the role of the local government lawyer in litigation
• the ways in which local government staff and officials may be involved in litigation
• the importance of promptly notifying the local attorney and/or liability insurance provider of threatened or pending litigation

Managing Records & Discovery

• the significance of document retention and preservation
• the most common tools for discovery
• the intersection of discovery with public records and confidentiality laws

Case Resolution

• the authority of a local government to settle claims and pay judgments
• the types of judgments against a local government unit
• the potential for appeal of a judgment

Many thanks to my colleagues and the local government practitioners who provided thoughtful revisions and additions to this resource. A subsequent blog post will share advice about litigation directly from a sampling of local government lawyers.