Introduction
Litigation attorneys are also called litigators and trial lawyers and they represent defendants and plaintiffs in all their civil cases. They are also responsible for managing all the phases involved in the litigation process. These processes starts from the investigation, the pleadings and even to the discovery and the trial, the pre-trial, the final settlement and the appeal. Discussed below are the main tips for Litigation attorneys and the jobs that they do in the entire litigation process. In the litigation process however, the tasks to be performed by the Litigation attorneys totally depend on the nature of the disagreement, the level of experience and whether the lawyer is representing the defendant or plaintiff.
Step 1
The first thing that the litigation attorneys have to do is to determine whether, he or she is representing a plaintiff or a defendant. Once the litigation attorneys establish who is being presented, then the entire process begins immediately.
Step 2
The second tip for litigation attorneys should do is to perform an initial case assessment and investigation. This is meant to settle on the evidence and whether it is enough in the case of a plaintiff’s case. In the defendant’s case, the litigation attorneys must determine whether the evidence is enough in order to file a case
Step 3
Litigation attorneys must draft a number of pleadings and proposals on behalf of both the defendant and the plaintiff. For the plaintiff, the litigation attorneys must draft summons and complaints to begin the lawsuit. For the defense case, the litigation attorneys must work with the client to determine the allegations and to put together the responses. The attorneys must also draft a number of motions to strike, to dismiss the charges to change or amend the venues for the case hearing.
Step 4
Another thing that is a must know about and for litigation attorneys is the discovery process. These processes engage the exchange of all the appropriate information between the parties that are involved. Litigation attorneys must make use of various discovery devices to get the information that is appropriate to the proceedings. They include depositions, interrogatories, the requests for the production and admission requests. In case of an accident, the litigation attorneys must also scrutinize the physical substantiation and also the site where it happened
Step 5
Some few weeks before the trial, litigation attorneys should finish the entire discovery process and start the preparation for a trial. In this stage of a pre –trial, litigation attorneys must consult and guide their clients, retain the expert witnesses and also formulate a trial plan that is totally based on the facts presented and the evidence available.
Step 6
When the litigation attorneys proceed to trial, they must work very hard to present their case before the judge and prepare for the next few days. In this stage, the litigators can consult with different experts and clients to draft a trial subject matter, to identify the strengths and weaknesses of a case and to prepare the witnesses for the final testimony.
Step 7
There are cases that do not reach trial and are settled before in order to eliminate the expenses and the risks that can be involved in trial. Litigation attorneys may choose to settle a case anytime during the entire process of litigation. When settling, litigation attorneys engage the opposing parties in mediations and participate in settlement consultations. They then prepare a final agreement, brochures and release all other materials for settlement.
Step 8
Litigation attorneys may not get a favorable conclusion at a trial. When this happens, the litigation attorneys may appeal the entire process. They must draft post trial motions, classify and maintain the issues of appeal and develop appellate documents. The litigators should also be in a position to present oral documents before the appellate judges.
important to note
Litigation attorneys simply concentrate in litigation. This is primarily a practice for carrying out lawsuits through the entire court process. With the above tips on litigation attorneys, you will be able to understand the entire role of the attorneys and the steps that must be followed.
