If you aren’t well-versed on what litigation is, it’s time to do so! This can help you know more about dealing with litigation, as well as how a good litigation lawyer can help make your case a smooth process. Read on as we tackle what you need to know about litigation and the lawyers who specialize in such cases.
What is Litigation?
Before anything else, what is litigation in the first place?
This is a formal process that involves resolving a dispute/s in court. One party attempts to defend or enforce their legal rights against the other party.
Litigation is not to be interchanged with the term ‘lawsuit’, as a lawsuit is just one part of litigation cases. There might actually be other activities included before, during, or after lawsuits to enforce one party’s rights.
This kind of case may be complex, as well as a long and expensive one. However, parties need to follow specific steps. For any matter to proceed in court, it has to begin with a party filing a claim of a statement. The case may be heard in a court or tribunal, with the place to be determined by a proposed cause of action, the relevant statutes, as well as monetary limits that are applied to the court and/or tribunal per jurisdiction.
To be more specific, civil litigation is a kind of legal dispute between parties that are seeking outcomes that don’t include any criminal sanctions. Instead, the expected outcome may either be financial or a court order dictating benefits that favor the party who initiated the litigation.
Civil litigations usually arise from disputes or disagreement between two or more parties, may they be individuals, organizations, or even both. However, we’ll get more into the specific types of litigations in the next section.
Types of Litigation
There are three kinds of litigation, one of which I mentioned above (civil litigation). The other two are business/commercial litigation, and public interest litigation.
Under those three umbrellas, there are even more litigation matters varying in scope and specialty. While such matters vary, firms are beginning to diversify their practices to provide various clients’ needs.
Here are some of the most common litigation types:
- Antitrust and/or competition
- Banking or finance disputes
- Bankruptcy and issues related to it
- Class actions
- Construction, mining, and/or engineering
- Cybersecurity, data protection, and privacy
- Employment and labor
- Environmental laws
- Fraud and asset recoveries
- Insurance claims
- Intellectual properties
- Product liabilities
- Professional negligence
- Public and/or administrative law
- Certain regulations or investigations
- Securities litigation
- Shareholder activism and disputes
- Tax and/or defamation
- Transportation
- White-collar crimes
- Properties and real estate
- Breach of contracts and torts
As you can see, there are many types of litigation cases that are worked on!
What Does a Litigation Lawyer Do?
And this is where the litigation lawyer comes in. Also known as litigators, these are lawyers and legal experts who specialize in litigation would represent defendants and/or plaintiffs in civil lawsuits. They are the ones who will manage all the phases of litigation, starting from the investigation and pleadings, the discovery through pre-trial, down to the trial settlement and appeal processing.
The tasks of a litigation lawyer would vary, depending on the nature of the dispute, the attorney’s experience, and if he’s representing either the defendant or plaintiff. Regardless of who the litigation lawyer represents, they will be responsible to initiate and respond to claims, appear in the interlocutory applications, as well as to advocate before court or tribunal, enforce judgement, and negotiate to prevent any need for court proceedings.
Their main roles include advising the client on strategies for resolving or avoiding disputes and to conduct litigation on behalf of the client efficiently. Furthermore, the litigation lawyer will advocate for the client’s best interest, which includes activities during the entire litigation process.
To be more specific on what a litigation lawyer does, these are their tasks during the specific stages of the litigation process:
- Litigation lawyers in the plaintiff’s case would involve conducting initial case investigation to see if there’s enough proof to warrant filing lawsuits. For defendants, he would assess the existing evidence to defend any existing or potential lawsuit against the client.
- Various pleadings and motions will be filed with the court, on behalf of the plaintiff or defendant. Plaintiff lawyers are the ones who draft and file summons and complaints to begin the lawsuit, while defense lawyers would draft the answers, sometimes counterclaims, responding to the complaint.
- During the discovery part of the lawsuit, it involves exchanging relevant information between parties. Litigation lawyers will have discovery devices to gain information, such as written or oral questions, requesting documents, examining and collecting evidence, and the like.
- Next is to prepare for court, advising clients, retaining expert witnesses, developing trial strategies, and more. Then, they will present their case before the judge, collaborating with clients and experts to increase the chances of winning the case. Depending on the outcome, litigation lawyers engage in negotiations for settlement or would appeal the case if ever the trial is going badly.
Wrapping It Up
Litigation may be a bit confusing to learn about at first, but once you know the basics, it can help you know what you’re dealing with and how to select a lawyer who can handle your case well. Hopefully, this article brought insight on what litigation lawyers do, as well as what you can expect as you resolve disputes in the court. Find a reputable litigation lawyer to help with your case today!
