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How a Litigation Lawyer can Help You

Nov 8th 2015 at 1:15 PM

The litigation lawyer, also referred to as litigation attorney, trial lawyer, or litigator, represents either the defendants or plaintiffs in civil cases. They also manage every phase of the litigation process, beginning with the investigation, moving on to the pleadings and discovery, then to pre-trial, trial and also settlement and appeal, where necessary.

The tasks involved vary depending on the dispute, the experience of the attorney, and whether representing the defendant or plaintiff.

 

Case Investigation/Assessment

The litigation lawyer, like litigation lawyers Fairfax VA, frequently conduct initial case investigations, which serve to determine in the defendant’s case, the existing evidence available to defend a potential suit, or, in the plaintiff’s case, if there is enough available evidence to file the lawsuit.

The investigation can include the locating of witnesses, taking statements, gathering of documents, interviewing clients, and investigating facts which lead to the dispute. Quite frequently, a litigation lawyer will engage in pre-litigation settlement in order to try to resolve the matter prior to a lawsuit being filed.

 

Pleadings

There are a variety of motions and pleadings which are drafted on behalf of the defendant or plaintiff.

Defense litigation lawyers collaborate with clients so as to investigate allegations of the lawsuit, after which, they formulate responses.

Plaintiff litigation lawyers draft a summons and complaint for the basis of the lawsuit.

 

Discovery

This process involves the exchanging of information between parties.

There are a variety of discovery devices which can be employed to get information which is relevant to a lawsuit. This might include depositions, interrogatories, requests for admission, and requests for production.

The litigation lawyer might also examine physical evidence, and draft and argue motions which include to compel, summary judgment, and protective orders.

This, the discovery process, will help the litigator in gaining relevant information, and also identifying issues and formulating case strategies.

 

Pre-Trial

Prior to trial, litigation lawyers make preparations. Pre-trial, they consult with and also advise clients among other things. They also conduct pre-trial depositions of key and expert witnesses.

 

Trial

Most lawsuits that are filed in civil court are settled pre-trial. If the lawsuit goes to trial, the litigation lawyer will present their case before a judge or other senior party in law, and also prepare for the coming day.

During the trial, the lawyer will collaborate with clients and experts to formulate the case and develop persuasive arguments, while also preparing witnesses for testimony.

 

Settlement

Generally, cases do not reach trial and are settled to reduce risk and expense.

During a settlement, the litigator engages in negotiations with the opposing parties and the judge.

 

Appeal

Without a favorable trial outcome, the litigator can appeal the case.

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