Bringing Clarity to the Concept of a Litigation Lawyer

One of the legal terminologies that often seem complex and unreachable to those lacking a law background is ‘litigation lawyer’. It is a term that is frequently tossed around in diverse legal circumstances, yet few people outside of the legal profession truly understand what it entails. This article aims to demystify this concept by delving into the definition, roles, and characteristics of a litigation lawyer.

Understanding Litigation Lawyers

So, what is a litigation lawyer? In essence, litigation lawyers (also referred to as litigators) are legal experts who represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation process including investigation, pleadings, discovery, pre-trial, trial, settlement, and appeal if necessary.

Thorough Investigation and Pleads

Litigation lawyers commence their work long before a trial date is set. These attorneys conduct an initial case evaluation and investigation to identify the strengths and weaknesses of the case. They gather evidence, formulate legal theories, and explore the possibility of a settlement. If the case proceeds to court, the litigation lawyer will draft the pleadings to be filed with the court.

The Discovery Process

The litigation lawyer also manages the discovery process, which involves the exchange of all relevant information between parties in a lawsuit. This may include creating and sending interrogatories (questions) and demanding documentation supporting their claims or defenses.

Pre-Trial Duties and Negotiations

Before the trial begins, litigation lawyers have a multitude of tasks to prepare their clients and the case for trial. They consult with and advise clients, retain expert witnesses, attend pre-trial conferences, and develop a trial strategy based on the facts and evidence. They also may conduct pre-trial depositions of experts and key witnesses. The pre-trial stage also offers another opportunity for settlement before resorting to court.

Trial Phase

If a settlement can’t be reached, the dispute progresses to trial. During this phase, litigators will present the case in court by opening and closing arguments, examining and cross-examining witnesses, and presenting evidence to the judge or jury. They work to persuade the jury in their client’s favor.

Post-Trial Actions

Even after the completion of the trial, the job of the litigation lawyer might not be over. Depending on the outcome and the client’s wishes, they may need to initiate an appeal process and continue advocating on behalf of their client.

Litigation Lawyers and Building Disputes

Now let’s talk about a specific focus area for some litigation lawyers, i.e., construction law. Within this field, there are lawyers who focus exclusively on disputes related to property and construction, dealing with issues such as contract disputes, negligence, and building defects. In Sydney, for instance, specialized building defect lawyers Sydney provides legal services to clients facing problems related to construction and property defects. These lawyers assess the defects, represent their clients’ interests, litigate if necessary, and work towards securing fair and rightful compensation for their clients.

Conclusion

In conclusion, litigation lawyers play a pivotal role in the legal system, representing clients in the intricacies of civil proceedings, from initial assessment through potential appeal proceedings. They are trained to present cases in the most effective manner, whether it involves negotiating settlements or defending clients’ rights in court. Whether they are general litigators or specialized building defect lawyers Sydney, the essence of what they do is to resolve conflicts in accordance with the laws of the land.