Litigation Attorney: Role of the Litigation Attorney

A litigation attorney, who is also known as a trial lawyer or litigator, takes care of everything that has to do with the litigation process from before court, during court, and after court. It represents complainants and defendants in civil lawsuits.

 A litigation attorney represents a complainant or defendant in civil lawsuits, which also include:

  • Property disputes (e.g., land disputes, Intellectual Property disputes, Plotline & party wall disputes, Fence, landscaping and outbuilding disputes, Access disputes).
  • Family law cases (e.g., divorce, issues between parents, and children)
  • Personal injury (For example defamation, car accidents, negligence,  intentional actions, etc.) 
  • Business disputes (e.g., breach of contract, bankruptcy or banking disputes, housing).
  • Landlord/tenant cases (e.g., security deposit disputes, Not paying rent, Remaining in the unit after the lease expires.)
  • Employment disputes (e.g.,  denial of natural justice, workplace harassment, unfair or wrongful demotion, wage disputes).

Since time and money are the only things lost in a civil lawsuit, most disputes are quickly resolved outside of court to minimize financial damages. Depending on the nature of the dispute, the lawyer’s experience, and whether he is defending the complainant or the defendant, the tasks can change.

Litigation Attorney

Who is a Litigation Attorney

Litigation attorneys work with clients throughout the entire process of planning and presenting a lawsuit. This job differs from that of criminal defense attorneys because litigation lawyers work with civil cases rather than criminal cases, and neither party involved faces the penalty of jail time. Litigation attorneys typically seek financial compensation for clients, and when working with a defendant, they seek to settle a case without their client having to pay or for the lowest amount possible.

The Role of a Litigation Attorney

Consultation

A plaintiff will speak with a litigation attorney to start the case, who will examine the documentation and offer guidance on how to proceed. Similar to how a defendant reviews the complaint with a litigation lawyer after being served with a lawsuit,

In order to determine their greatest prospects of succeeding in the litigation, clients must confide in their litigators. The litigators will provide guidance on the next steps.

Initial Case Assessment and Investigation

A Litigation attorney who is representing a plaintiff will carry out an investigation to determine if enough evidence exists to warrant filing a lawsuit. He will evaluate the evidence in a defendant’s case in order to defend a possible or ongoing lawsuit against his client.

The litigator’s investigations will include:

  • Interviewing the client (i.e., you).
  • investigating the facts leading to the dispute.
  • locating witnesses
  • Gathering and reviewing relevant documents (e.g., receipts, contracts).
  • To try to reach a consensus before filing a lawsuit, litigators frequently have pre-litigation settlement talks.

Drafting Documents

The first thing to do in a Lawsuit is to fill out the necessary documents, it involves various documents with the court.  It starts with a complaint, The Plaintiff’s attorneys will draft and file a warrant and complaint to initiate the lawsuit, and defense lawyers normally draft answers and occasionally counterclaims in response to that initial complaint. 

Together with their clients, defense lawyers investigate the lawsuit’s claims in order to develop these denials. To reach a settlement outside of court, the defendant’s lawyer can contact the plaintiff’s lawyer. Despite discussions, the defendant is required to answer the complaint by the deadline (typically 20 calendar days).

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A range of pretrial motions, such as those to exclude evidence from consideration or alter the venue or location of the trial, may also be drafted by litigation lawyers. Any documents that a litigating attorney files with the court are served on the opposing party.

Exchanging Information Process

This Part of the Lawsuit involves the two parties exchanging all relevant information between themselves (Lawyers) to learn more and solidify their winning strategies. The Litigation start work by using a different method including using discovery devices to gain information.

These techniques can involve the use of interrogatories, a set of written questions that the defendant in a lawsuit must respond to under oath and in writing. It may also involve depositions, which entail spoken questions that are once again answered under oath and are often put forth by the opposing attorney in an office environment.

Additionally, litigation attorneys may gather, analyze, and analyze data obtained during e-discovery in addition to looking over tangible evidence. However, they typically depend on professionals to offer these services. The experts provide written reports that may be admitted into evidence at trial or they may be summoned as witnesses.

In preparation for the court appearance, litigators prepare evidence and polish their strategy. They analyze the strengths and weaknesses in their case to select the most persuasive arguments.

Trial

The weeks just before trial are the time to complete discovery and get ready for court. Litigators meet with and counsel clients, hire experts, go to pre-trial conferences, and create trial plans based on the facts and available data.

They might also interview experts and important witnesses in advance of a trial, create exhibits for demonstrative evidence, and develop and present pre-trial motions, such as those addressing the admissibility of specific evidence at trial.

A process called voir dire begins a trial. It is the process of selecting a jury. The litigator gives their client’s narrative in court, cross-examines witnesses, and argues the case with evidence and depositions. Litigation attorneys might also conduct post-trial interviews of the jury.

Settlement

Sometimes cases may not reach trial but instead are settled to eradicate the risk and cost of going to court. Litigation attorneys can settle a case at any time during the life cycle of a lawsuit. 

During settlement discussions with the judge and occasionally during mediation, litigators will negotiate with opposing parties. To document any deal, they will produce settlement brochures, agreements, releases, and other documents.

Appeal

If the trial is not okay by the attorney, The litigation attorney will draft post-trial motions and appellate documents and argue the case in the appellate court. He can’t go for an Appeal just because he’s not satisfied with the Appeal but Lawyers must provide evidence as to why the trial court’s judgment was inaccurate in some way based on issues such as certain evidence being admitted at trial when it should not have been.

These are the roles and functions of a litigation lawyer. Without a lawyer, the legal procedure can be intimidating and complex.

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