Litigation is a formal process in which two or more parties engage in legal action against each other in order to resolve a dispute.
The proceedings of litigation can take place in a courtroom before a just judge or sometimes before a judge and a jury. Litigation can also occur in front of a mediator or arbitrator as part of Alternative Dispute Resolution.
The litigation lawyer plays an essential role in this process. Continue reading to learn more about what the litigation lawyer does throughout a civil lawsuit.
What Is a Litigation Lawyer?
A litigation lawyer is responsible for representing clients and litigating their cases in a civil lawsuit. Typically, a litigation lawyer provides legal services for civil cases – cases that are not criminal in nature.
For example, some common disputes that are filed in civil courts are contract breaches, property damage claims, business disagreements, and auto accidents or other torts.
Whether representing plaintiffs or defendants, a litigation attorney handles all aspects of the case, from pre-trial preparations to settlement procedures – with an eye towards a fair and full settlement for their client at all times.
Litigation lawyers must be adept at research, writing, oral arguments, and negotiating. It is important to remember that not every dispute needs to go to trial.
Most cases are resolved through negotiation and settlement, and a skilled litigation lawyer will always be exploring this option on behalf of their client. If you’re considering filing a civil lawsuit, it’s a good idea to consult with a litigation lawyer to discuss your options and find out what you can expect.
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What Is the Role of a Litigation Lawyer in a Civil Lawsuit?
When a person is wronged and decides to take legal action, they will typically hire a litigation lawyer to represent them to resolve the dispute.
A litigation attorney’s role is to guide and counsel the client through the process of a lawsuit – all the way from filing the initial complaint to taking the case to trial if no agreement to settle the case has been reached.
A litigation lawyer’s job in a civil suit begins with reviewing the facts of the case and determining whether or not it has merit. They will also work with their client to gather evidence and build a case against the other party.
If a litigation lawyer believes that there is a strong enough argument to proceed, the litigation lawyer will move forward and try to resolve the dispute.
One of the advantages to having a litigation attorney represent you is that in the event the other party does not want to settle the lawsuit, your lawyer can proceed to trial.
Throughout the lawsuit, a litigation lawyer will be responsible for communicating with both the client and the other party’s lawyers. They will negotiate settlements and try to reach an agreement that is fair for both sides.
A litigation lawyer plays a vital role in ensuring that their client’s rights are protected throughout the legal process.
How Do Litigation Lawyers Prepare Cases?
Litigation lawyers are often very experienced in negotiations and dispute resolution.
Attorneys who specialize in litigation know how to build strong cases and present them in a way that is likely to lead to a favorable outcome for their clients.
They can do this throughout the entire process of the case:
Pre-lawsuit: The pre-lawsuit phase begins when a potential client first contacts the lawyer.
Investigation: The investigation phase is where the bulk of the work in a civil lawsuit takes place. This is when a litigation attorney gathers evidence, interviews witnesses, and builds the case. This phase can take some time, depending on the complexity of the case.
Case Analysis: Once the investigation is complete, a litigation lawyer will analyze all of the evidence they’ve gathered and make a determination about how strong the case is. They will also decide what legal arguments to make and which documents to file.
Drafting of Legal Documents: The drafting of legal documents phase is when a lawyer starts putting together the actual court filings. This can include the initial complaint, pleadings, motions, and discovery requests.
Filing the Lawsuit: Once all of the initial legal documents are drafted, a litigation attorney will file them with the court and officially start the litigation process.
Litigation: Litigation is the process of actually fighting the case. This can involve hearings, depositions, and settlement conferences. It can be a long and costly process, often taking many months to resolve.
Resolution/Settlement: In the vast majority of civil lawsuits, cases are settled and do not go to trial. Instead, they are resolved through a settlement agreement between the parties.
The settlement agreement can be drafted by either the plaintiff’s or the defendant’s attorney. In some cases, the judge presiding over the case will need to approve the settlement.
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Do I Need A Litigation Lawyer?
Litigation can be expensive, time-consuming, and emotionally draining. It’s often used as a last resort after all other attempts at settlement have failed. Many people find the court system to be frustrating and confusing, and it can be difficult to get a fair result.
For some people, litigation may be the only way to get justice or receive the compensation they deserve. In these situations, it is wise to hire an attorney. Many attorneys offer a free consultation as well, so it won’t hurt to reach out and discuss your case.
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