Litigation attorneys are commonly called “litigators.” Their job is to represent plaintiffs and defendants in trials. Trials they’re involved in include civil cases. They handle all phases of the trial and try their best to get their clients the desired outcome. Whether you hire a probate litigation or injury attorney to litigate your case or a securities fraud attorney for your litigation case you can expect the following steps to take place.
A litigation lawyer has specific tasks to take on during the course of litigation. They will vary in nature depending on the type of dispute. The experience and who they are representing will also cause their specific tasks during the litigation process to vary.
An initial case investigation determines whether there is enough evidence to file a case or defend a claim. Different steps include locating and contacting witnesses to gather documents and taking witness statements. They will interview the client and investigate relevant facts. Many times pre-litigation settlement discussions determine whether the matter can be resolved without a lawsuit.
They will draft a series of pleadings or motions that will benefit either the plaintiff or the defendant. Those representing the plaintiff will form a complaint that is relevant to the lawsuit. If they are defending the defendant, they will investigate allegations to draw up responses. Other motions included in this phase are motions to dismiss, amend and change as well as motions for specific pleadings or judgments.
The discovery process happens when lawyers exchange relevant information between the defendant and the plaintiff. The lawyer uses a variety of strategies to get information that is relevant to the case. Examination of physical evidence and a thorough inspection of the scene of the incident takes place. Motions directly related to information gathered during this phase are drafted.
Litigation attorneys will begin to wrap up all information and compile their information in order to get ready for the pre-trial. Litigators consult with clients and advise them as well as attend pre-trial conferences to develop a strategy. Majority of all suits filed in civil court do not go past this stage. If a case does proceed past a pre-trial, litigation attorney will present their case to the judge. When they are not doing that they are preparing for the next day they will be in court. They will identify strength and weaknesses in the case and use those to develop persuasive arguments, prepare the witnesses to give their testimony and draft their trial motions.
In the event a favorable outcome ins’t granted, they may choose to appeal the decision. They will begin to form post trial motions and identify the exact reasons for the appeal to develop strategies for those reasons. More evidence is gathered and more research, arguments and witness statements will be taken.
Litigation attorneys are not something people think of, but reality is there might come a time when you do. There were 3,000 injuries and 651 deaths occurring from around 4,515 boating accidents in the year 2012. In the year 2014 excessive speed was determined to be the primary cause of the accident in approximately 282 boating accidents. Accidents caused by boating accidents was averaged at around $38.87 million dollars. Boating accidents are not something everyone anticipates just like majority of other incidents and accidents. In this type of event litigation attorneys are your best route.