Litigation Lawyers in Milan, Italy | Litigation and Disputes in Milan
Dimarco & Partners International Law Firm

Our Lawyers in Milan are specialized in litigation and disputes in the whole italian territory. We represent corporate entities and individuals in front of the Court of Milan and in front of all the other national courts, in all the italian jurisdictions and in every grade of the Court trials (first instance, Court of Appeal of Milan and Supreme Court). We can also represent our customers in cross border litigations in all the foreign countries, in Europe, America, Asia and Africa.
Our Law Firm policy is to appoint an attorney in charge of the dispute and his substitute, another lawyer with experience that is able to replace the first advocate in case of his absence and to assure the same quality of the service. This policy guarantees the Client to have always a personal referral for his case. The most important decisions, of course, are taken jointly by the two lawyers. Our Litigation Lawyers provide a professional and qualified service that allows the customer to be a competitive player in the market. We believe that the judicial phase is very delicate and that the lawyers should act methodically in the litigation matters. Our modus operandi is the following one:

• Analysis of the financial situation of the debtor in Milan through investigative agencies, if required by the customer;

• The italian lawyers ask all the relevant documents to the Client to be analyzed.

• After a preliminary analysis, our italian lawyers may prepare a written legal opinion: this phase is necessary to explain the customer which are the favourable points and which are the less favourable, so they may recommend a transaction or alternatively the beginning of the litigation.

• Before starting the action, the lawyer drafts the writ of summons that will be sent to the Client for his approval, requesting, if necessary, an integration of documents.
• Our Litigation Lawyers start the material activities at the court of Milan (Tribunale di Milano).

   Below it is possible to find a description of the first grade civil procedure:
                                                                                                        CIVIL ORDINARY COURT TRIAL:

1. It starts with an "atto di citazione": it is the introductive deed of the first instance litigation. The attorneys describe all the facts, introduce all the documents and elements of law. In this first deed are set the conclusions that the judge will take in consideration for his decision.
2. After the first phase the Judge will set a court hearing in order to check the accuracy of the notifications. In this stage the Judge will provide the terms to introduce the evidences in the court trial.
3. The proves entail the drafting of 3 deeds: memoria 183 c.6 n.1, memoria 183 c.6 n.2 and memoria 183 c.6 n.3. The first one is to set definitively the conclusions, the second one is to produce all the evidences and the third one is to reply to the second memory of the counterpart.
4. After the analysis of the evidences, the judge sets a court hearing to discuss them and to decide which of them can be admitted in the process. In cases concerning specific and technical litigations, the judge is obliged to nominate an expert selected from the list of the court (CTU) that will evaluate the situation in his place (ex. for financial litigation an accountant, or for medical malpractice a doctor). In this situation the Client will have to nominate an expert (CTP) to defend his rights. He will be coordinated by the lawyer.
5. After the investigation activities the lawyers will draft a deed called "precisazione delle conclusioni" that will be filed during the court hearing set for this fulfillment. The conclusions can be precised in this deed, considering the results of the evidences in the process.
6.  The last two deeds before the sentence are "conclusionale" and "replica alla conclusionale". In this deeds the attorneys bring to the court all the elements of right concerning the case (jurisprudence from other courts, ex. Supreme Court) and all the articles of the applicable law.
7. The judge will draft the sentence that can be appealed in front of the second grade court (Corte d'Appello) and if front of the Supreme Court (Corte di Cassazione).

We provide the litigation services in the following subjects in Milan and in the whole italian territory:

• Commercial law litigation 
• Civil litigation
• Enforcement of foreign rulings
• Debt collection
• Wrongful termination of contracts
• Arbitrations
• Financial litigation
• Product Liability litigation
• Bankruptcy procedures
• Insurance litigation
• Apellate litigation
• Mediation
• Medical malpractice in Italy
• Employment Law
• Labour Law
• Shareholders rights
• Agency and distributorships
• Real estate litigation
• Intellectual property litigation
• Competition Law

We look forward to cooperate with you.

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FAQ

1. I want to sue in front of the Court of Milan a subject: do I need to hire a litigation lawyer in Milan?
In general you always need an Italian Lawyer to provide judicial activities if the value of the case overcomes the amount of euro 1.100,00. It is important that the lawyer is duly registered at one of the Italian bar associations.
2. An Italian subject sues me in front of the Court of Milan. Shall I provide written defenses or evidences to the court personally or through a lawyer which is not registered as a lawyer in Milan or in Italy?
Very often foreign subjects make the mistake of providing defenses to the court via post office alone or with a foreign lawyer and without hiring a lawyer in Italy. The defenses or the evidences, without an Italian lawyer acting on your behalf and according to the Italian laws, would be ineffective and invalid. You always need to hire an Italian lawyer which have the habilitation in Italy. All our Lawyers in Milan may represent the Client in any court trial and in any jurisdiction (civil, criminal and administrative).
3. If I am sued in front of the Court of Milan, do I have a term to provide written defenses?
Depending on the kind of lawsuit you receive you must respect a deadline or you may lose your rights or part of your rights. The most common cases are the order of payment received (they become final and binding within 50 days from their receipt if you are an EU citizen or corporate entity or 60 days if you are located outside EU). In case the Italian plaintiff is starting an ordinary judicial action, you must pay attention to the court hearing indicated in the notified writ of summon. It is possible that some other special procedures have different terms of constitution.
4. How much does a court trial in Milan last?
The court trial in Italy is very technical and our Litigation Lawyers in Milan on average need to write 7 judicial deeds and to attend 4-5 court hearings. On average the first instance may last between 2 and 4 years.
5. I am a foreign company and I was sued by an Italian company. I believe that there is a lack of Italian jurisdiction, what shall I do?
In any case you shall partecipate to the court trial and in the due terms bring to the court the written defense, respecting the deadlines. In this way our Lawyers will ask the court to evaluate the lack of jurisdiction. If you do not join the court trial the court will decide also if there is a lack of jurisdiction and you will not be able to file this objection anymore.
6. Do I have right to the reimbursement of the legal fees I paid in case I am the winning party?
Yes, normally the court entitles the winning party to receive the reimbursement of the legal fees paid to the attorneys.
7. Do you work on the basis of the principle "no cure no pay" and so, on the basis of a success fee?
No, the success fee as a method of remuneration is considered unlawful in Italy and a lawyer that works charging exclusively with a success fee may be suspended for 6 months by the bar association.

Our Litigation Lawyers in Milan are set in:
Via Francesco Sforza n.15
​20122 Milano (Italy)

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In order to submit us your query you can file your form below or send us an email at info@dimarcoandpartners.eu