What Does a Litigation Lawyer Do?

A litigation lawyer, also known as a litigator, is a type of attorney who represents plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation process from the investigation, pleadings, and discovery, to the pre-trial, trial, settlement, and appeal.

Their check-list of tasks is exhaustive. It starts with meeting the client to understand the problem. The client could either be a defendant or a plaintiff. Defendants are mostly people or businesses facing legal action against them, while plaintiffs are those who are initiating the legal action.

A significant time of litigators goes into the investigation process. It involves locating witnesses, taking witness statements, gathering documents, interviewing the client, and investigating the facts leading to the dispute. Based on this broad investigation, litigators then draft pleadings and motions on behalf of the plaintiff or defendant.

The pleadings stage is followed by a discovery process where both sides exchange relevant information. Litigators use various discovery devices including depositions, interrogatories, and subpoenas to gain information relevant to the lawsuit. They may also engage expert witnesses to review evidence and provide testimonials, which can strengthen the case.

In the pre-trial stage, litigation lawyers advise clients, retain experts, attend pre-trial depositions and develop a strategy based on the facts and evidence. They may also conduct pre-trial dispositions of key witnesses and experts, negotiate settlements, and prepare trial outlines.

During the trial stage, litigators collaborate with experts, present the case before the judge, and aim to achieve the best possible outcome for their clients. They make opening and closing statements, examine and cross-examine witnesses, and craft a persuasive story for the judge or jury. If the outcome of the trial is not favorable, litigators may appeal the case.

Settlements are the most common outcomes of disputes. Litigation lawyers negotiate settlements on behalf of their young clients with the intention of resolving disputes quickly and efficiently. Their duties can range from minor advisement to high-stakes negotiations.

Now, the scope of a litigation lawyer is enormous. They cover various aspects of law including property law, civil rights, personal injury law, and more. Moreover, their roles may vary depending upon their area of expertise and jurisdiction. For instance, building defect lawyers gold coast specializes in seeking compensation for defects in construction work or breach of contract by builders or developers, primarily for property owners.

Finally, sharpened analytical skills, the ability to synthesize complex legal and factual materials, superior interpersonal skills, negotiation skills, knowledge of substantive and procedural law, and strong written and oral advocacy skills are essential traits of an effective litigator.

So, if you ever find yourself in a legal dispute, a litigation lawyer will be your protector and counsellor throughout the rigorous legal journey to ensure the best possible outcome for your case.