Litigation lawyers provide a great amount of value and support by representing plaintiffs and defendants in a variety of cases. They’re highly skilled and can manage every phase of the litigation process. These phases include investigation, pleadings, discovery, pre-trial, trial, settlement and appeal. If you’re considering hiring a litigation lawyer, it can help to know more about their responsibilities and how they can help you throughout the process.
For plaintiffs, litigation lawyers conduct an initial case investigation to determine if there’s just cause to file the lawsuit. For defendants, they’ll search for potential evidence to defend a lawsuit. Litigation lawyers can also engage in pre-litigation settlements to prevent a lawsuit from being filed.
Pleadings are another responsibility of litigation lawyers. Lawyers for the plaintiff will draft summons and complaints to begin the lawsuit, while lawyers for the defence will work with their client to formulate responses.
Discovery is the process by which there’s an exchange of relevant information between all parties. A litigation lawyer may also examine physical evidence or inspect the scene of an accident. They will also gather and analyse information in the process. The discovery process is all about gaining relevant information for both parties. Only after this stage can a case strategy be developed.
It’s during the pre-trial phase that litigation lawyers will start preparing for the actual trial. This is where a lawyer will consult with their client and advise them on all legal matters pertaining to their case. A litigation lawyer will also conduct depositions of experts and witnesses to testify, prepare demonstrative elements to use as exhibits during the trial, and create and argue motions.
If a case goes to trial, a litigation lawyer will collaborate with clients and experts to gauge the strengths and weaknesses of a case. This is where persuasive arguments emerge and witnesses give testimony. The lawyer will take part in selecting a jury and present their case in court.
Many cases never get to trial because both parties can agree to settle outside of court. This helps eliminate the risk and expense of going to trial. During the process, litigation lawyers can reach a settlement agreement at any time. This settlement may involve the lawyers actively negotiating. The client will have to participate in the mediation process, attend a settlement conference and adhere to the agreement.
The last process a litigation lawyer can help with is appeal. If your lawyer doesn’t obtain your desired outcome, you may have the option of appealing the case. In this scenario, litigation lawyers will find issues with the case and present them for appeal. They can draft motions for post-trial, develop a strategy, and gather additional evidence if necessary.
Without someone who knows the legal system, handling a lawsuit on your own can be a challenging and stressful ordeal. When there’s so much at stake, the advice and support of expert litigation lawyers can be invaluable.