What Is A Litigation Attorney?
When people think of attorneys, they typically visualize courtroom dramas where lawyers argue back and forth, presenting evidence and calling witnesses before a judge. Those are the moments that stand out, but such dramatic showdowns depict only a fraction of what lawyers typically do. Here, we unpack what a litigation attorney is, their responsibilities, and how they fit into the legal landscape.
A litigation attorney, also referred to as a litigator, represents plaintiffs and defendants in civil lawsuits. They manage all aspects of the litigation process including the investigation, pleadings, discovery, pre-trial, trial, settlement, and even the appeal process.
The job of a litigation attorney begins with the investigation process. This is where the litigator understands the facts and evaluates the case to determine if there’s enough evidence to file a lawsuit on behalf of the plaintiff, if representing the plaintiff, or if there’s sufficient evidence to defend a lawsuit, if representing the defendant.
The next phase involves filing the pleadings. In this stage, the litigation attorney drafts a variety of pleadings and motions on behalf of the plaintiff or the defendant. For the plaintiff, the litigator will draft and submit a summons and complaint to commence the lawsuit. If representing the defendant, the litigator will draft responses and possibly counter-claims to attack the plaintiff’s claim.
Discovery, the next phase of the litigation process, involves the exchange of relevant information between the parties. This is perhaps the longest part of the litigation process, requiring the litigator to carefully manage all the information exchanged and strategically use it to strengthen their client’s case.
Pre-trial and trial phases require the litigation attorney to negotiate and potentially reach a settlement. If a settlement is not reached, the case proceeds to trial where the litigator will present the case before a judge or jury. It’s during these phases that the litigator prepares and argues motions, takes depositions from witnesses, and negotiates with opposing counsel to reach an agreeable settlement.
It is important to note that a litigation attorney may specialize in a particular type of litigation. For instance, a litigator might specialize in personal injury, employment, real estate, or corporate lawsuits. Some litigators even specialize in construction law, including building defect lawyers Newcastle, who handle cases involving construction defects or issues.
Building defect lawyers Newcastle, for example, represent parties in lawsuits involving construction defects. These can range from design deficiencies, material deficiencies, to construction deficiencies and subsurface deficiencies. They work in consultation with experts in the field like engineers and construction experts to assess and present proof of the defect and estimate the cost of repair or replacement. Most importantly, they negotiate settlements or present the case to a court to secure the compensation their client deserves.
Ultimately, the job of a litigation attorney is to advocate for their clients’ rights, whether that means securing financial compensation for a plaintiff or defending a client against a lawsuit. They use their knowledge and skillset in law and negotiation tactics to strategize the best approach for handling clients’ cases.
It’s essential to understand that a litigation attorney isn’t only needed when a case proceeds to court. They also provide advice and guidance ensuring their clients avoid potential lawsuits or prepare adequately when facing one. When seeking an attorney, consider how a litigation attorney might be your trusted ally in navigating the legal landscapes that arise in life and business.