What Does A Litigation Attorney Do And How Do You Choose One?

There are many circumstances that may require the assistance of a lawyer, and in many instances an individual may not require the services of a litigation attorney. However, when an issue arises that may result in your case being argued in court, a litigation attorney will need to be called upon to represent you. Litigation attorneys may specialize in a specific field or have a more general focus and it's important to ensure that any lawyer you choose is qualified to handle your specific needs.

Litigation Attorney Responsibilities

The job of a litigation attorney is to represent you throughout the proceedings of a lawsuit in an attempt to procure a favorable decision on your behalf. While cases handled by litigants often result in a trial before a judge, many others are settled outside of court. Regardless of the outcome, your lawyer will be with you throughout the process, so it's important to ensure a comfortable working relationship. The basic steps in the process will include:

Initial Assessment -- Your lawyer will work with you to gain a full understanding of the details of your case by conducting interviews with you and identifying pertinent witnesses, as well as by reviewing documentation and other evidence. At this point you and your lawyer will develop a plan of how to proceed with the case and determine if a lawsuit or settlement is the prudent path to pursue.

Before the Trial -- While it may seem that the bulk of the responsibility for a litigation attorney is confined to the courtroom, the work done pre-trial is often the most important. Your lawyer will file motions and pleas on your behalf, question witnesses and explore the possibility of a settlement, possibly negating the necessity of a costly trial. The best lawyers work hard to achieve the optimal outcome for their clients and that often means avoiding a trial if at all possible by reaching a settlement. A large portion of civil cases result in a settlement.

If a settlement is reached at this point, your lawyer will be responsible for any necessary negotiations on your behalf as well as drafting and presenting any required settlement papers or other documentation to make the settlement official.

Courtroom Trial -- If a settlement is not reached, the process moves on to a trial before a judge. Your lawyer will work with you to establish the overarching themes of the case, present the pertinent facts and argue on your behalf. Trials can be lengthy proceedings and your attorney should be able to devote the necessary time to your case. It's important to establish early on that if your case does end up in trial that the firm you choose will be able to devote the appropriate resources.

The Appeal Process -- Should your case result in a less than favorable outcome, your litigation attorney may elect to appeal the decision. He or she will file the necessary paperwork to establish the basis for the appeal as well as make any other post-trial motions. The best firms will ensure that you are properly represented throughout the process, including any necessary appeals.

When choosing an attorney, be sure to establish early on how they will represent you during each step of the process, how they will charge you for their services and what you can expect in terms of communication and documentation. A qualified law firm will be able to provide you with a clear picture of how your case will proceed and give you the peace of mind in knowing that each step will be handled efficiently and effectively.