The Role of Litigation Attorneys in Civil Litigation
Litigation attorneys or trial lawyers represent plaintiffs and defendants in civil cases. They also manage the entire process of litigation. To help you in understanding better, discussed herein is an overview of the various tasks litigation attorneys performs during the litigation process.
It is the work of a litigator to conduct an initial case investigation to ascertain if there is enough evidence to file a lawsuit in the case of a plaintiff and evidence exists to defend a potential suit on the side of the defendant.
A litigator drafts numerous pleadings and motions on behalf of the defendant or plaintiff. Plaintiff attorneys draft summons and complaint to begin the lawsuit. On the other hand, defense attorneys work with the client to investigate the allegations of the suit and draft responses. Litigators also draft various other motions like motions to dismiss, strike, change a venue and judgment on the pleadings.
This process involves exchanging of relevant details between the parties. The litigation attorneys use numerous discovery devices to gain the information relevant to the lawsuit. The methods employed include depositions, interrogatories, and production and admission requests.
This is the stage at which the attorneys wind up discovery and get ready for trial. In this phase, they consult with and advise clients, attend pre-trial conferences, retain an expert witness, and develop litigation strategies based on the evidence and facts. They also carry out pre-trial depositions of key witnesses and experts and prepare demonstratives to be used as exhibits during trial.
Most of the lawsuits filed in civil courts are settled before trial. When a case proceeds to trial, the litigators busy themselves with presenting their case files before the judge. In this stage, they collaborate with experts as well as their clients to craft a theme for the trial, identify areas of strength and weakness, as well as developing persuasive arguments.
Often, most cases don’t reach the trial phase but are settled to eliminate the risk and cost associated with the trial. It is possible for the litigators to resolve the cases at any phase of the litigation. In an instance that the attorney doesn’t obtain a favorable trial outcome, he goes for an appeal.