What Can Litigation Lawyers Help You With?
Litigation lawyers, also known as trial lawyers or litigators, represent defendants and plaintiffs in civil law cases. Their role is to handle all the stages of litigation, including investigation, pleadings, discovery, settlements, trial and appeal processes. The tasks that litigators can assist you with will depend on the nature of your case, the areas of law the lawyer practices, and whether they’re representing a defendant or plaintiff. This article provides a breakdown of the major roles of a litigation lawyer.
If you’re a plaintiff in a civil case, your lawyer will handle the case investigation to find out whether there’s enough evidence to file a lawsuit. If you’re a defendant, the lawyer will review your evidence to determine whether it’s enough to defend a lawsuit against you. The process of investigation involves locating witnesses, cross examining them, gathering documents, hearing the side of the client, and determining what facts led to the lawsuit. Litigation lawyers can also push for pre-litigation settlement negotiations to try and resolve the case before the plaintiff files a lawsuit.
Various pleadings need to be filed in court on behalf of defendants and plaintiffs in a lawsuit. The plaintiff lawyer will draft and file a complaint and summons to start the lawsuit. On the other side, the defence lawyer will draft answers or counterclaims to respond to the plaintiff’s complaint.
A litigator may also write down a variety of motions, such as the motion to dismiss evidence or the motion to change the location or venue of the trial before it begins. A lawyer may also file a motion for judgments passed based on pleadings so there’s no need for a court appearance.
The discovery part of a lawsuit is all about exchanging relevant information. The involved parties exchange important information related to the case. A litigation lawyer will use various discovery devices to acquire this information, including interrogation. An interrogation involves the defendant or plaintiff answeringa number of written questions in writing. Your lawyer will help you avoid the penalty of perjury by helping you stick to your story throughout the case.
Discovery can also involve depositions. These are oral questions presented by a law attorney in an office and under oath. Other approaches to discovery include requesting documents that the other party has and also requesting for admission. Admission is asking the other party to either accept or deny elements of the case under oath or in writing.
Litigators may also review evidence and collect and analyse information gathered during the discovery phase. The discovery phase generally helps litigation lawyers to formulate a strategy for your case.
Before your case goes to trial, your lawyer will wrap up their discovery and prepare to go to court. Litigators will advise their clients, keep in touch with key witnesses, and go to pre-trial conferences. They’ll also develop a strategy to handle the court trial based on solid evidence and facts.
During the trial, your litigation lawyer will present your case to the court. This involves opening and closing speeches, cross-examining witnesses, and proving their arguments by presenting evidence and the testimony of witnesses.