Litigation attorneys or litigators represent their clients in civil lawsuits (legal disputes between two or more parties) and have a long list of responsibilities that need to be handled properly at every phase of the trial.
Even though their duties can vary depending on the nature of the case and whether they represent the plaintiff or the defendant, their primary role remains the same – standing behind their client and defending their best interest in every situation.
If you require a litigator at the moment, making sure to hire the one you can truly trust and create a meaningful bond with is crucial. Our team of skillful and experienced litigators at Medrala Law Firm dedicate all their time and energy to each client so that the outcome is as satisfactory as possible. In addition, we strive to build and maintain a professional yet friendly relationship with our clients which surely helps everyone go through this usually long process without too much stress and bother.
Assessing the Case and Conducting the Investigation
The first step a litigation attorney must take is determining whether the given case includes enough valid evidence to file a lawsuit. In case their client is the defendant, an attorney will thoroughly examine the evidence against their client to fully comprehend the given situation.
Besides finding reliable witnesses who are willing to appear on trial and taking notes on their observations and comments, this process includes gathering essential pieces of documentation and effective communication with the client. Once a litigation attorney establishes the circumstances that led to the dispute, they will decide whether there is a possibility of an out-of-court settlement. In case the settlement is not an option, the process continues to develop according to the well-established protocol.
Drafting Complaints and Pleadings
Regardless of their client’s status, it is the litigation attorney’s responsibility to draft and file the complaint about the plaintiff and answer or counter-complaint for the defendant. Besides drafting these pleadings, they need to draft the pre-trial motions as well. These motions include anything from requesting to change the venue of trial or to dismiss a certain piece of evidence.
In this phase, the involved parties must share the important information which will be included in the lawsuit. A skillful litigation attorney will use well-established methods to obtain the crucial details, and there are several ways to do so.
Besides interrogatory which is the typical one and comprises written questions presented to the other party, some oral questions or depositions can be used in a form of written transcriptions as well. In both cases, obtained information can be later used in court as a valid piece of evidence, so it is of utmost importance that the answers are truthful and consistent. If it is established that the provided details during the interrogation were incorrect, the responsible party could be charged with perjury.
What comes next is obtaining the physical evidence like contracts, letters, pertinent documents, and others, and the final stage includes requests for admission where the other party must deny or admit particular facts under the oath.
Wrapping Up the Discovery Phase
As soon as the lawsuit has been accepted, the litigation attorney will commit to conducting pre-trial actions that will help them prepare for court.
A litigation attorney must be familiar with a great deal of factual information about the witnesses and evidence that will be exhibited in the court, but also create effective strategies relying on the gathered evidence and draft pre-trial motions. This is a stage that requires serious preparation as it is the last step before the trial begins.
Representing You in Court
This is, of course, the key point in every litigation attorney’s career, so the tactics and strategies they came up with should be effective enough to maximize the chances of winning the case.
Besides making sure that their representation is confident and legit, a litigation attorney will make sure to detect any loopholes in the other party’s arguments and use them for the benefit of their client. They must prepare the witnesses and the client for the testimony, and the great tactics include a mock trial where your attorney asks you the questions that were likely to be asked by the other party.
Examination and cross-examination are a regular part of a trial at which point the litigation attorney tries to discredit the other’s party testimonies and credibility if there is an adequate point to do so, and change the course of the process in their client’s benefit.
Dispute Settlement and Appeals
If the conditions for the settlement are created during the litigation process and the attorney recognizes them as solid, they can participate in mediation or settlement conferences. If the agreement is reached, the attorney will create necessary settlement materials.
The other possibility includes appealing if the trial doesn’t go the way the attorney and the client hoped for. At this point, the attorney needs to identify and note the precise reason for the appeal and draft the documents needed for the appellate court.
When and Why Should You Hire a Litigation Attorney?
Litigation attorneys can handle numerous different types of civil lawsuits – from personal injury claims, intellectual property, and estate litigation to any sort of business disputes, medical malpractice, and product liability suits.
No matter what’s your case, you will benefit greatly from letting the experienced and highly trained professional represent your interests in court. This will ensure your peace of mind and spare you from getting overly emotionally involved and exhausted if deciding to represent yourself in court. Also, the given laws and court procedures are incredibly complex and rigid, so having a reliable and skillful litigation attorney will minimize the risk of losing the case and suffering the consequences.
Our Medrala Law Firm litigation attorneys have extensive practice, knowledge, and experience in several litigation areas and are ready to commit to your case fully and take the extra mile to help you win it. We will be by your side from the start to the finish as your legal representatives but also to provide any kind of support that you might need during these often complicated times.