What Kinds Of Cases Does A Litigation Lawyer Handle?

For as many legal situations as there are in existence, there is an attorney to meet your needs. But not all lawyers are qualified to practice law in all situations, which is why it's important to understand your needs and determine the type of legal expertise needed. Litigation is one area of law where you want to make sure the attorney you hire has the knowledge and experience needed to handle your case. A lawyer without litigation experience will lack the understanding of legal processes and motions that are so critical to the success of a lawsuit.

Understanding What A Litigation Lawyer Does

A litigation lawyer is a licensed attorney who takes a lawsuit through the court process. This does not always mean going to trial and may include mediation and out-of-court settlements. These attorneys most commonly participate in civil suits involving a plaintiff and a defendant.

The litigator works on the lawsuit from start to finish. They conduct the initial assessment of the case and go over the evidence. If you're the plaintiff, they'll determine if you have a case based on this evidence. If you're the defendant, they'll review the evidence against you and begin to construct a defense. The attorney will identify and interview witnesses and take statements, gather all the necessary forms and documents needed and investigate the facts of the case. They may even attempt to reach a settlement on your behalf before a lawsuit is even filed.

A litigator must be extremely detail-oriented because of the sheer amount of paperwork involved in a lawsuit. They will file and respond to motions, investigate evidence and obtain depositions. A litigation lawyer might even inspect physical evidence such as the scene of an accident as part of their research for developing a legal strategy.

Most civil suits are settled out of court. They never make it in front of a jury. For those suits that do go to judge and jury, the litigator will prepare the case for presentation in court. This might include securing witnesses and expert testimony, developing a strategy and arguments for presentation as well as creating and responding to trial motions. Once the case goes to trial, the litigator will be involved in jury selection and present the case in court. This includes opening and closing statements, examination and cross-examination of witnesses and presenting evidence. If you lose, the lawyer can appeal the case.

Types Of Cases Handled By Litigation Lawyers

There really is no limit to the type of lawsuits handled by litigators. Litigators specialize in one or two areas of law and will focus their practice almost exclusively on these types of cases only. That means, if you are involved in a contested will, you should consult a litigation lawyer who specializes in wills, trusts and/or probate issues, not one that specializes in personal injury, for example. Hiring a lawyer who specializes in your type of cases will increase your chance of obtaining a favorable outcome.

Litigation lawyers will take on civil and criminal cases involving individuals, businesses and even the government. Criminal litigators usually handle cases involving state or federal government while civil litigators handle disputes between individuals and businesses, especially personal injury cases.

When selecting a litigator to help you, find one who specializes in the area of law your suit concerns, then set up a time for a consultation to see if they'd be a good fit for your case before making a final decision.