What Does a Litigation Lawyer Do?

Understanding the role of a litigation lawyer is essential for anyone involved in a legal dispute. Whether it’s a civil or criminal case, litigation lawyers, also known as litigators, play a pivotal role in navigating the process of resolving disputes. Their expertise in litigation law allows them to serve as advocates for their clients, ensuring that their legal rights are protected. In this article, we’ll explore the stages of litigation, the legal responsibilities of a litigation lawyer, and how litigation lawyers differ from other attorneys.

What Does Litigation Mean in Law?

Before diving into the specifics of what litigation lawyers do, it’s crucial to understand what litigation means in law. Litigation refers to the process of taking legal action to resolve a dispute. This involves a series of procedural steps where the parties involved seek to enforce or defend their legal rights through the court system. It encompasses all activities before, during, and after a lawsuit, including the filing of pleadings, discovery, trial, and any appeals.

Civil vs. Criminal Litigation

Litigation can occur in various forms, such as civil litigation, which involves private disputes between individuals or organizations. Alternatively, criminal litigation encompasses cases brought by the state against individuals or entities accused of criminal conduct. Civil litigation often focuses on seeking remedies like monetary damages or specific performance, while criminal litigation seeks to uphold public order by prosecuting crimes.

Lawyers may specialize in either civil or criminal litigation, each requiring different skills and knowledge. Both civil and criminal litigation present unique challenges and opportunities, demanding specialized knowledge and strategic thinking from litigators.

Litigator vs. Attorney: What’s the Difference?

While the terms “litigator” and “attorney” are often used interchangeably, there is a distinction. An attorney is a general term for someone who is licensed to practice law. They can provide legal advice, draft documents, and represent clients in various legal matters. A litigator, on the other hand, specializes in representing clients in court and overseeing the process of litigation and dispute resolution. This specialization requires a unique set of skills, including trial advocacy, negotiation, and strategic case management.

Not all attorneys are litigators, as some may focus on other areas of law, such as transactional work or advisory roles. Transactional attorneys, for example, may concentrate on drafting contracts, negotiating deals, or advising clients on regulatory compliance. The distinction between litigators and other attorneys underscores the diverse nature of the legal profession and the importance of specialized expertise in addressing specific legal challenges.

What Does a Litigator Do?

• Legal Representation: One of the primary responsibilities of a litigation lawyer is to represent clients in legal disputes. This involves advocating for their client’s interests in court and ensuring that their legal rights are protected throughout the litigation process. In addition to courtroom representation, litigation attorneys often engage in pre-trial negotiations and mediations, seeking to resolve disputes amicably without the need for a trial.
• Case Management: Litigation lawyers are responsible for managing cases from start to finish. This includes gathering facts, conducting legal research, and developing a strategy to address the client’s legal issues effectively. They meticulously analyze evidence, identify key legal issues, and formulate a comprehensive case strategy that aligns with their client’s objectives.
• Drafting Legal Documents: A significant part of a litigator’s job is drafting legal documents, such as pleadings, motions, and discovery requests. These documents are essential for presenting the case in court and requesting specific actions from the judge. In addition to drafting, litigation attorneys are responsible for reviewing and responding to documents filed by opposing parties.
• Negotiation and Settlement: Lawyers often engage in negotiations to reach a settlement before the case goes to trial. Negotiation is a type of alternative dispute resolution that can save time and resources for both parties involved. Moreover, it provides a resolution without the uncertainty of a trial. By prioritizing their client’s best interests and leveraging their negotiation skills, litigators facilitate resolutions that meet their client’s objectives while minimizing legal costs and time.
• Trial Representation: If a case proceeds to trial, litigation attorneys are responsible for presenting the case before a judge or jury. This involves examining witnesses, presenting evidence, and making legal arguments. Through meticulous preparation and a strategic approach to trial advocacy, litigation lawyers work tirelessly to ensure their client’s case is presented in the most compelling light.

Stages of Litigation

The litigation process can be broken down into several stages, each with its distinct procedures and requirements. Understanding these stages is crucial for comprehending the role of a litigation lawyer. Each stage presents unique challenges and opportunities for litigators to advocate for their clients effectively. It’s also important to note that the civil litigation timeline and process may differ from that of criminal cases. Regardless, by navigating the stages of litigation with expertise and precision, litigation lawyers guide their clients through all types of civil and criminal matters.

1. Pre-Litigation

Before a lawsuit is officially filed, there may be a pre-litigation phase where parties attempt to resolve the dispute outside of court. This can involve informal negotiations or alternative dispute resolution methods, such as mediation or arbitration. During this phase, litigation lawyers assess the merits of the case, gather preliminary evidence, and explore settlement options. This proactive approach often leads to a resolution without the need for formal legal proceedings. As a result, both parties can save time and resources.

Litigators play a crucial role in advising clients during pre-litigation, helping them understand their legal rights and potential outcomes. By engaging in strategic discussions and leveraging their negotiation skills, they work to achieve a resolution that aligns with their client’s interests. If a settlement cannot be reached, the groundwork laid during this phase provides a solid foundation for the subsequent stages of litigation.

2. Pleadings

Legal litigations formally begin with the pleadings stage. This involves the filing of the complaint by the plaintiff, which outlines the allegations and the relief sought. The defendant then responds with an answer, admitting or denying the allegations. Litigation lawyers meticulously draft and review these initial documents, ensuring they accurately reflect the legal and factual basis of the case. In addition to the complaint and answer, pleadings may include counterclaims, cross-claims, and third-party complaints. Litigators must ensure that these documents comply with procedural rules and effectively communicate their client’s position.

3. Discovery

Discovery is the stage where both parties gather evidence to support their cases. This can include depositions, interrogatories, and requests for documents. The goal is to uncover facts and information that will be used in court. Litigation attorneys play a central role in managing the discovery process, coordinating the collection and exchange of evidence.

Discovery can be a complex and time-consuming process, requiring litigators to engage in strategic planning and negotiation with opposing counsel. They must ensure that their client’s rights are protected while also complying with discovery obligations. By effectively managing the discovery process, litigation lawyers build a solid evidentiary foundation for their client’s case, increasing the likelihood of a favorable outcome.

4. Pre-Trial Motions

Before the trial begins, there may be pre-trial motions filed by either party. These motions can address procedural issues or seek to dismiss certain claims. A litigation lawyer must be adept at filing and arguing these motions to benefit their client’s case. Pre-trial motions provide an opportunity to resolve specific legal issues before trial, potentially narrowing the scope of the case or securing a favorable ruling.

Litigators must possess strong legal research and writing skills to craft persuasive motions and responses. This allows them to anticipate the opposing party’s arguments and prepare counterarguments to support their position. By effectively utilizing pre-trial motions, litigators can streamline the trial process and enhance their client’s chances of success.

5. Trial

During the trial, both parties present their evidence and arguments. The litigation lawyer plays a central role in examining witnesses, presenting exhibits, and making legal arguments to support their client’s case. Trials require meticulous preparation and strategic thinking, as litigators must adapt to the dynamic courtroom environment. Their goal is to present a compelling narrative that persuades the judge or jury to rule in their client’s favor.

The trial stage is often seen as the climax of the litigation process, showcasing the litigator’s advocacy skills and legal acumen. Moreover, litigators must be adept at handling unexpected developments, such as surprise evidence or hostile witnesses, while maintaining composure and focus. Through meticulous preparation and a strategic approach to trial advocacy, litigation lawyers work tirelessly to ensure their client’s case is presented in the most compelling light.

6. Post-Trial

After the trial, there may be post-trial motions or appeals. Each parties’ lawyers will assist in filing these motions or representing the client in appellate court if necessary. Post-trial motions may seek to alter or amend the judgment, request a new trial, or challenge specific aspects of the court’s decision. Therefore, litigators must possess strong legal research and writing skills to craft persuasive motions and arguments.

If an appeal is pursued, litigators must analyze the trial record, identify appealable issues, and develop a compelling appellate strategy. This requires a deep understanding of appellate procedures and the ability to articulate complex legal arguments. By effectively navigating the post-trial phase, litigation lawyers work to protect their client’s interests and pursue justice beyond the trial court.

7. Enforcement

Once a judgment is awarded, lawyers can help in enforcing the court’s decision, which may involve collecting damages or ensuring compliance with the judgment. Enforcement requires a thorough understanding of legal procedures and the ability to navigate potential obstacles, such as debtor resistance or jurisdictional issues.

Litigation lawyers play a critical role in advising clients on enforcement options and strategies, helping them understand their rights and potential challenges. By effectively managing the enforcement process, litigators ensure that their clients receive the full benefit of their legal victory.

Conclusion

Litigation lawyers play a critical role in the legal system by representing clients in disputes and navigating the complexities of the litigation process. Whether handling civil or criminal cases, their legal responsibilities encompass everything from case management to trial representation. Their expertise and dedication ensure that clients receive fair representation and that the legal process operates efficiently and effectively.

Contact a Civil Litigation Attorney Today

Our law firm, Law Advocate Group, is based in Beverly Hills and Los Angeles, where our civil litigation lawyers have acquired over 80 years of combined experience in legal representation. If you have a matter involving civil law or a potential legal dispute, take a moment to call our litigation law firm today at (310) 651-3065.