The Functions Of A Civil Litigation Attorney

By Sandra Watson


Litigation attorneys are also called litigators or trial lawyers. They have the responsibility of representing defendants and plaintiffs in civil cases. They will manage all the phases or stages of the process, including pleadings, trial, appeal and settlements among others. There are various tasks that are undertaken by the attorneys based on nature of the dispute in question. It is important to be versed with the roles of a civil litigation attorney.

The process usually starts with initial case investigation. They conduct initial assessment for determination of whether there is enough evidence for defense of the suit. This includes looking for witnesses, taking their statements, gathering different useful documents and interviewing of the client. This is all done to investigate facts that lead to that dispute. The attorneys engage in pre-litigation settlement discussions with the aim of resolving the issues involves before filing of lawsuits.

When it comes to pleadings, they are the ones to draft motions and pleadings. They do this on behalf of defendants and plaintiffs. Lawyers for the plaintiff draft summons for the lawsuit to commence. Defense lawyers work in collaboration with the client to investigate allegations of the lawsuit. This is followed by formulation of response. In addition, they will draft motions to strike, dismiss or amend venue and motions.

There is a discovery process which involves exchanging of relevant details among involved parties. There are different devices that are used at this stage for obtaining relevant information. They include interrogatories, depositions and request for production of information. The physical evidence available can be examined and accident scene investigated and inspected. Discovery processes help in getting all relevant details and thereafter formulation of the right strategy.

In the week prior to trial, attorneys will wrap up the discovery and get ready for trial. For the pre-trial stage, litigators get to advice their clients. They also retain expert witnesses and attend pre-trial conferences. Strategy will be based on facts and the evidence at hand. The attorneys conduct pre-trial depositions of key witnesses and experts. It is also at this time that they argue pre-trial motions.

The majority of lawsuits that are filed will get settled prior to trial. In the event that a case proceeds to trial, an attorney should present their case before a judge. They work closely with clients and experts so that a trial theme is drafted. Strengths and weaknesses of the case are determined. Witnesses testimonies will be prepared.

Most cases are settled before trial so as to eliminate risk and expenses of the trial. The attorneys can settle the cases at any time during the case life cycle. There will be negotiations with opposing parties and participate in mediation. They help with creation of settlement brochures and other materials needed for settlement.

When choosing an attorney, you need someone that can clearly communicate. Communication is more important than interpersonal or persuasion skills. Still on communication, they need to be able to clearly communicate with the clients.




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