The Functions Of A Civil Litigation Attorney

By Sandra Watson


Litigator attorneys can also be referred to as trial lawyers. They are responsible for representation of plaintiffs and defendants. They are the ones to manage all stages and phases of the processes involved, which includes trial, appeal and pleadings. If there are settlements, they will also handle the same. There are a number of tasks that attorneys undertake based on nature of the dispute. Clients are supposed to be versed with roles of a civil litigation attorney.

The process begins with investigation of the case at hand. In this, they will conduct initial assessment in order to determine if the evidence that is available is sufficient to defend the suit. They will look for witnesses and take their statements. They also gather all useful documents to help with the case. Interviewing of clients is also done at this stage. These are important so that facts leading to the dispute are investigated. There are pre-trial litigation settlement discussions which are aimed at resolution of the issues.

When it comes to pleadings, they draft different pleadings and motions. This is done on behalf of a defendant or plaintiff. Plaintiff lawyers draft summons for commencement of the lawsuit. Defense attorneys will collaborate with clients to do investigation of the allegations of that lawsuit. They then formulate responses. Litigation lawyers also draft various motions that include motions to strike, amend, dismiss or amend venue and motions for judgment on proceedings.

There is the discovery process that involves exchange of all relevant details between involved parties. There are a number of discovery devices employed by litigation attorneys in order to obtain information that is relevant to the lawsuit. Such devices include depositions, interrogatories and request for production. The lawyers may examine physical evidence and perform inspection of scene of the accident. The discovery process goes a long way in helping litigators to get relevant details and formulating case strategy.

In the week before trial, attorneys wrap up discovery and prepare for the trial. For the pre-trial, litigators will advice their clients. In addition, they retain expert witnesses and also attend pre-trial conferences. The strategy used is based on facts at hand and the available evidence. There are pre-trial depositions conducted, which involves witnesses and experts. At this time, there is also argument of pre-trial motions.

The majority of lawsuits never get to trial and will be settled before then. If a case proceeds to trial, an attorney gets to present the case before a judge. They are supposed to work closely with experts as well as clients to come up with draft trial theme. It will also be important to know strengths and weaknesses of the cases. Witnesses need to be well prepared for testimony.

Most cases are settled before trial so as to eliminate risk and expenses of the trial. The attorneys can settle the cases at any time during the case life cycle. There will be negotiations with opposing parties and participate in mediation. They help with creation of settlement brochures and other materials needed for settlement.

When choosing the best litigator, communication is key. They need to be good communicators because is even more important than for instance, persuasiveness. Also, they should ensure communication with the client is precise and clear.




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