If you, or someone you know, ever becomes either a plaintiff or defendant in a civil case, you will likely require a litigation lawyer. These professionals will help you through out the court process. With so many fraud and personal injury cases throughout the nation every year, the services of such experts become nearly invaluable.
In fact, three years ago, there were more than 600 pending corporate fraud cases. In the same year, boating accidents caused more than $38 million of property damage, and the SEC filed a record number of enforcement actions on firms, including misconduct cases. These statistics just begin to scratch the surface of the number of civil cases that occur throughout the year. So what do the professionals litigating them do? Check out the guide below that briefly explains the responsibilities of litigation attorneys.
A Look at the Various Responsibilities of Litigation Attorneys
Initial Assessment
The first thing these pros will do is determining if they want to take the case. If you are filing a claim, they will want to determine if there’s enough evidence to file a lawsuit. If, however, you are a defendant in the case, they’ll weigh the amount of evidence to defend you. During this process, your lawyer may conduct their own investigation, conducting interviews, examining evidence, and pursuing research.
Pleading
If you are the plaintiff of the case, filing a claim, your attorney will draft a summons to the defendant and begin the process of the lawsuit. If you are the defendant, your lawyer will investigates the plaintiff’s allegations and formulates a response. They will often determine how you should plead, such as guilty or innocent, and if there is any possibility that the case may be dismissed. This is the very beginning of the process, in which the wheels simply begin to be set in motion.
Discovery
Next, both parties will exchange information regarding the case, in a process that is known as the discovery. In this process, litigation attorneys begin to gather more information about the case, while developing a strategy. They may investigate physical evidence or interrogate witnesses. In this stage, attorneys focus on analyzing information and beginning to develop their case.
Trial
Most civil cases don’t go to trial. In fact, the majority of them are settled outside of court. However, those that do make it to the trial stage witness litigators presenting their case to the judge, while collaborating with experts and witnesses, who are often prepared to be examined and cross-examined in the courtroom.
Settlement
Cases that don’t proceed to trial are usually settled out of court. This means that, to avoid the risks and costs associated with going to court, both parties agree on some settlement as a result of negotiations. This can happen at any time during the process of the case and generally involves many meetings, mediations, and conferences.
Appeal
On the other hand, if a case does go to trial, but the attorney does not achieve a favorable outcome, they may appeal the court’s ruling. When this happens, they must draft post-trial motions and argue an issue with the case that deems the appeal appropriate. They must also draft procedural documents and research the issue at hand, all with the goal of gaining another opportunity to receive their desired outcome.
If you find yourself in need of litigation attorneys, you should understand the vast roles that they play. From personal injury lawyers to a securities fraud attorney, or even a maritime injury lawyer, these are all litigation attorney. And knowing just what they do throughout the process of your case can help you understand everything that happens, including the outcome. And, with the right lawyer, you’ll feel confident that your case will be handled superbly.
