The Role of a Litigation Lawyer in Handling Civil Lawsuits

Litigation lawyers or litigators are the ones who handle civil lawsuits before, during, and after the trial. They are also called trial lawyers, who may represent the plaintiffs as well as defendants. A skilled litigator will handle all phases of the lawsuit in the trial from the primary investigation, pleadings, discovery, pre-trial, trial, and settlement to the appeal process if needed. The job of a litigation lawyer may vary based on the nature of the legal dispute, the lawyer’s experience, and whether they are representing the defendant or the plaintiff.

Qualification of a litigation lawyer

Litigation lawyers may have completed their graduate degree from a recognised law school. They may have earned a three year or more duration of law school training to grab the credentials. The attorneys also may have passed the bar exam in order to enrol as an authorised litigator.

Tasks of a litigation lawyer

• Case assessment and primary investigation

In the case of representing the plaintiff, litigation attorney will conduct a primary investigation to assess if there are enough evidence to file a lawsuit. In the case of the defendant, the lawyer will assess if there is enough evidence existing to defend the potential suit against his or her client. The investigation includes locating the witnesses, taking statements, gathering needed documents, client interviews, and investigating the facts.

• Drafting the plea

There are various pleadings to be filed in the court on behalf of the defendant and plaintiff in a lawsuit. Plaintiff Lawyers Adelaide needs to file complaint and summons to initiate the case. Defence attorney usually drafts the answers and counterclaims in response to the complaint.

• Discovery process

This is the phase of exchange of information between the plaintiff and defendants. This includes direct interrogation, answering written questions, and writing a penalty of perjury etc. Requests for documents, examining physical evidence, analysing information etc. comes as apart of discovery.

• Pre-trial preparation

Immediately preceding the court trial, the lawyer needs to prepare ell by advising clients, retaining the expert witnesses, attending the pre-trial conferences, and also develop a strategic approach to the trial based on the available evidence and facts.

• Trial

The litigators need to be fully engaged while the case is before the judge. The lawyers need to collaborate with other experts to craft an appropriate trial theme. They also should try to identify the potential strengths and weaknesses of the case and develop some persuasive arguments. Litigation lawyers may also conduct the post-trial interviews.

• Appeal process

If needed, a lawyer also must appeal a case on behalf of the client if the trial ends up in adverse. The lawyer must present necessary evidence as to prove the incompetence of the trial court’s decision in order to get the appeal granted.Apart from these, the litigation lawyers also will take the initiative to draft the post-trial motions, preserve or identify the issues to go for appeal, develop the appellate strategies, and gather further evidence for appellate record etc. They also should take the initiative to research on the procedural issues, draft further documents, and again present the arguments in front of the appellate courts for a favourable sentence.

4 months ago Lawsuits No comment

Legal Ramifications Surrounding The Bouvier Affair Lawsuit

The Bouvier Affair refers to the battle between Yves Bouvier and Dmitry Rybolovlev.  The two were longtime partners brokering art dealings around the world for over a decade.  The relationship went sour when Bouvier allegedly committed fraud and purchased several paintings (Da Vinci’s Salvator Mundi among others) for himself when he was supposed to be buying it for Rybolovlev.  After purchasing this painting Bouvier then “sold it” to Rybolovlev at an escalated price. More simply put, Bouvier pretended he brokered the deal (which was supposed to be his job) between Rybolovlev and the world-renowned British/American art dealer Sotheby’s.  Rybolovlev sued Bouvier in a Singaporean Court and has been waiting for a verdict.

The lawsuit concerning The Bouvier Affair alleges fraud and a breach of fiduciary responsibilities on the part of Bouvier and Sothebys.  The reason Rybololev was trying to sue in Singapore was because he felt the Swiss courts would not give him what he calls substantial justice.  However, the Singaporean Court of Appeals decided the case is better heard in Switzerland. The Singapore judge decided in Bouvier’s favor after his lawyers argued that the transactions were contractually governed by Swiss law.

In 2015 the quarrel between Rybolovlev and Bouvier started after Rybolovlev felt he was cheated out of a total of $1 billion on a deal he paid $2 billion dollars to purchase 40 paintings crafted by artists such as Amadeo Modigliani, Pablo Picasso, and da Vinci.  

Bouvier’s defense is that he was functioning as a sole proprietor and or his own art dealer.  He states that he was free to buy and sell the paintings to anyone he wanted.  Although Rybolovlev and Bouvier never officially signed a contract they did have a handshake agreement as is how many dealings in the big-time art world go.  Rybolovlev claims Bouvier deliberately jacked up prices that he originally was quoted and purchased pieces from places like Sotheby’s and the turned around and sold the said paintings for nearly double the price to Rybolovlev.   

Judge Sandaresh Menon ruled that there is “no reason to think that some law other than Swiss law applied to the relationship during the period.”  Judge Menon also said it isn’t the practice of his court to meddle in affairs and laws of foreign countries.

Bouvier’s attorney said “the Court has been clear, Singapore is not the appropriate forum for this case.  Now the Plaintiff’s have to decide whether to start again and initiate legal action outside of Singapore.

Rybolovlev is still seeking justice for The Bouvier Affair in Monaco.  If things do not go in favor of him there then the case will have to be heard by the Swiss Court.  That is Bouvier’s preference according to his legal team although they didn’t say exactly why. 

One thing to note is that Rybolovlev recently sold the da Vinci painting Salvator Mundi for 400 million dollars.  However, he is adamant in his stance that is about more than the money when it comes to The Bouvier Affair.