By Karen Molina
•
16 Apr, 2024
Navigating the complex waters of the legal system can be daunting, especially when you find yourself in a situation where you are considering or are facing a lawsuit. Enter the often-misunderstood but incredibly important figure of a litigation lawyer. This post is a comprehensive guide for anyone interested in understanding the role of any skilled litigation lawyer and determining if their services are necessary. Understanding the Litigation Lawyer Who is a Litigation Lawyer? A litigation lawyer or a litigation attorney, often referred to as a litigator, is a legal professional who represents plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation process, including investigation, pleadings, discovery, pre-trial, trial, settlement, and appeal. Not only do they handle all the details of the legal proceedings, but they also provide clients with an understanding of their legal rights, obligations, and options. What do Litigation Lawyers Do? Litigation lawyers handle a variety of tasks. They draft pleadings, conduct pre-trial depositions, manage settlement negotiations, and represent their clients at trial. They must have a strong understanding of the litigation process, as well as excellent interpersonal and advocacy skills. Beyond the courtroom, they often engage in strategic planning and potentially the drafting of appeals if a case is lost at the trial level. Business Litigation Lawyer vs Civil Litigation Lawyers While litigation lawyers, in general, tackle lawsuits involving individuals or organizations, a distinction is often made between business litigation lawyers and civil litigation lawyers based on the nature of the disputes they specialize in. Business Litigation Lawyers primarily focus on legal disputes related to the operations of businesses. Their expertise includes, but isn't limited to, breach of contract cases, partnership disputes, class actions, business torts, and matters involving intellectual property. Business litigation often involves complex, high-stake issues that significantly impact a company's operations or financial health. Lawyers specializing in this area require a deep understanding of both the legal and commercial landscapes. On the other hand, a Civil Litigation Lawyer deal with a broader range of disputes that typically involve private disputes between individuals or organizations. These can include personal injury cases, landlord-tenant disputes, estate litigation, and more. Civil litigation encompasses any litigation that is not criminal and can be seen as an umbrella term that captures anything from family law disputes to real estate issues. Understanding the distinction between these two types of litigation lawyers can significantly influence the selection process when seeking legal representation, ensuring that one's legal needs are matched with a lawyer whose expertise aligns with the specific challenges and complexities of their case. Responsibility of a Litigation Lawyer Draft and prepare legal documents, such as lawsuits, appeals, or motions. Prepare for and present cases in court, including the filing of required legal briefs. Argue motions, meet with judges, and question witnesses during the course of a trial. Communicate complex legal principles to clients and judges. Negotiate settlements between parties to a dispute. Manage the work of paralegals and legal secretaries, often overseeing multiple cases at various stages of the litigation process. Overall, the litigator’s responsibilities are complex and require a balance of legal expertise, strategic thinking, and the flexibility to handle each case's unique circumstances. Reasons Why You Might Need a Litigation Lawyer When to Seek Litigation Counsel There are various situations where seeking the help of a litigation lawyer is advisable. Here are a few key scenarios: You're Being Sued: Whether it's an individual, a company, or a government entity bringing legal action against you, the complexities of the litigation process necessitate professional guidance. You Need to File a Lawsuit: Initiating legal action against another party requires the expertise of a litigation lawyer to ensure your case is properly prepared and presented. You Are Involved in a Dispute Requiring Legal Action: If you're facing a significant legal dispute that cannot be resolved through negotiation, a litigator can represent your best interests. Litigation lawyers specialize in the adversarial process, bringing a wealth of experience to help you effectively respond to, or initiate, legal actions.