litigation lawyer, also known as a trial lawyer or litigator, is a legal professional who specializes in representing clients in civil lawsuits. Their primary role is to advocate for their clients’ interests in court and handle all aspects of the litigation process.
Litigation lawyers are involved in a wide range of legal disputes, including contract disputes, personal injury claims, employment disputes, intellectual property disputes, and more. They may represent individuals, businesses, or government entities as plaintiffs or defendants.
The responsibilities of a litigation lawyer can vary depending on the stage of the litigation process. Here is a breakdown of their key tasks
Table of Contents
Case Evaluation
Litigation lawyers begin by assessing the merits of a case. They review the evidence, interview witnesses, research relevant laws, and evaluate the potential outcomes. This helps them determine the strength of their client’s position and develop a legal strategy.
Pleadings
Once a litigation lawyer takes on a case, they draft legal documents called pleadings. These include the complaint (if representing the plaintiff) or the answer (if representing the defendant). Pleadings outline the parties’ claims, defenses, and any counterclaims or cross-claims.
Discovery
Litigation lawyers engage in the discovery process to gather evidence and information relevant to the case. They may issue subpoenas, conduct depositions, request documents, and interrogate witnesses. This helps them build a strong case and understand the opposing party’s arguments.
Pretrial Motions
Litigation lawyers file various motions before trial to resolve legal issues or seek favorable rulings. These motions may include motions to dismiss, motions for summary judgment, or motions to exclude certain evidence.
Settlement Negotiations
Throughout the litigation process, litigation lawyers engage in settlement negotiations with the opposing party. They aim to reach a mutually agreeable resolution that avoids the need for a trial. Negotiations may involve mediation or arbitration, where the litigator represents their client’s interests.
Trial
If a settlement cannot be reached, litigation lawyers represent their clients in court during the trial. They present evidence, examine witnesses, make legal arguments, and cross-examine the opposing party’s witnesses. Their goal is to persuade the judge or jury to rule in favor of their client.
Appeals
In case of an unfavorable outcome, litigation lawyers may handle the appeals process. They review the trial record, research legal issues, and draft appellate briefs to present arguments to a higher court. They aim to have the trial court’s decision overturned or modified.
In summary, litigation lawyers specialize in representing clients in civil lawsuits. They handle all aspects of the litigation process, from case evaluation and pleadings to discovery, settlement negotiations, trial representation, and appeals.