What is a Litigation Attorney?
Litigation by definition is the practice of carrying out a lawsuit through the courts and arguing a case before a judge or jury. Litigation attorneys are trial lawyers that represent plaintiffs and defendants in civil or criminal cases throughout the entire litigation process. This process can be incredibly complicated dominated by endless details, procedures and court rules over an extended period.
Types of Litigation Attorneys
A number of attorneys are drawn to the wide variety of legal cases and the challenges involved with the practice of litigation. While some may specialize in a particular type of litigation like product liability, personal injury or criminal defense cases, others may establish a more general litigation practice. A less common area of litigation is alternative dispute resolution (ADR). This entails a non-adversarial method of settling cases outside of the courtroom usually through mediation and arbitration.
Responsibilities of the Litigation Attorney
The tasks of a litigation attorney are diverse and dependent upon the nature of the dispute as well as the type of client they choose to represent; however, most litigation cases involve the same basic process that all attorneys follow.
- Initial Assessment – Litigation attorneys conduct an initial case investigation to determine whether there is sufficient evidence to file a lawsuit or what evidence exists to defend the suit. During the investigation, the attorney may locate a witness, take statements, gather documents and interview the client to uncover all of the facts.
- Pleadings – Litigation attorneys draft pleadings and motions on behalf of their client including the original summons and complaint, the defendant response and motions to strike or dismiss.
- Discovery – This process involves several methods for gaining relevant information to the lawsuit. Litigation attorneys may use interrogatories and depositions; examine physical evidence and process information gathered from electronic documents.
- Pre-Trial – During the weeks before trial, attorneys prepare by retaining expert and key witnesses, developing case strategy from the facts and evidence presented and preparing trial exhibits or pre-trial motions.
- Trial – For this stage, litigation attorneys collaborate with experts and clients in order to present their case in court. This is accomplished by developing solid arguments, strengths and weaknesses of the case and preparing witnesses for testimony. They always select a jury, present opening and closing arguments and cross-examine witnesses. Presenting persuasive testimony with strong evidence is crucial.
- Settlement or Appeal – Most cases are settled out of court to avoid the expense and risk of a trial. A settlement may occur at any time during the litigation process. If the case does not result in a favorable outcome during trial, the litigation attorney may appeal the case.