Thursday, 14 June 2018

What A Civil Litigation Attorney Does

By Sandra Watson


Litigation attorneys can also be referred to as trial lawyers or litigators. They are responsible for representing either plaintiffs or defendants. They have the obligation of managing all phases of the cases. These include among others settlements, trial, pleadings and appeals. There are various tasks undertaken by the lawyers based on what the nature of the dispute is. A client should be conversant with what a civil litigation attorney does.

The process often starts with initial investigation of the case. The attorney will conduct initial assessment in order to determine whether the evidence available is enough to defend the suit. They look for witnesses, take their statements and gather useful documents. They also get to interview clients. The reason for this is to investigate facts which are leading to that dispute. They will take part in ore-litigation settlement discussions aimed at resolution of issues that are involved. This is done before lawsuits.

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 in which there is exchange of all information between parties involved. A number of discovery devices are used by litigators to be able to get information which is relevant to the lawsuit. The devices include among others interrogatories, depositions and requests for production. There might be examination of physical evidence and thorough inspection of the accident scene. The discovery process helps litigators to obtain all required information and also to come up with a strategy for the case.

For the week before trial, attorneys will finish up with discovery and prepare for the trial phase. In the pre-trial stage, clients are advised by the litigator. Expert witnesses will also be retained and pre-trial conferences organized. The formulated strategy is based on evidence and facts. There are pre-trial depositions that are conducted by attorneys of experts and key witnesses. Pre-trial motions are argued at this time.

Most lawsuits which are filed in civil courts get to be settled before trial. For cases that proceed to trial, attorneys will need to present their cases before judges. Litigators will work hand in hand with experts and clients so as to draft the trial theme and identify strengths and weaknesses of the case. Witnesses will need to be prepared for testimony.

Most of the civil cases get settled before trial so that risk and expenses are eliminated. An attorney can settle the case at any time in the course of its life cycle. There are negotiations that involve opposing parties. Mediation is also organized. At this stage, your attorney can help to come up with settlement brochures.

When choosing an attorney, you need someone that can clearly communicate. Communication is more important than interpersonal or persuasion skills. Still on communication, they need to be able to clearly communicate with the clients.




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