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.
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.
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.
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.
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.