A litigation lawyer is a specialized attorney who represents clients in civil lawsuits. These legal professionals act as advocates for individuals or companies, navigating the court system to resolve non-criminal disputes. Their primary function is to guide a client through the entire legal process, from the initial consultation to a final resolution.
What is a Litigation Lawyer?
Litigation is the process of resolving disputes by filing and answering a lawsuit in court. A litigation lawyer, also called a litigator, manages every phase of this process for either the plaintiff (the party initiating the lawsuit) or the defendant (the party being sued). Their work covers all actions from the initial investigation until a final judgment is rendered or an appeal is concluded.
A litigator’s objective is to achieve a favorable outcome for their client. This can mean securing financial compensation for a plaintiff or defending a client against claims to minimize liability. While sometimes called “trial lawyers,” their work extends far beyond the courtroom to include all pre-trial and post-trial activities.
The Litigation Process Explained
Pre-Lawsuit Investigation
A lawsuit begins with a pre-lawsuit investigation, where a litigator assesses the potential case. This involves interviewing the client, reviewing relevant documents, and identifying the legal basis for a claim. The attorney analyzes the case’s strengths and weaknesses to determine if there is enough evidence to proceed. This stage also includes locating witnesses and obtaining preliminary statements.
Filing the Lawsuit (Pleadings)
If the investigation confirms a case’s viability, the lawsuit begins by filing pleadings, which are official documents outlining each party’s position. The plaintiff’s litigator drafts a “complaint” detailing the allegations and the remedy sought. The defendant’s lawyer responds with an “answer” that addresses each claim and may present counterclaims. These documents are filed with the court and establish the dispute’s legal framework.
Gathering Evidence (Discovery)
After the pleadings, the case enters the discovery phase, often the longest part of a lawsuit. Lawyers from both sides use formal legal tools to obtain evidence from each other. Common methods include interrogatories (written questions answered under oath) and requests for production of documents like contracts or emails. Another method is the deposition, where a lawyer questions a witness under oath outside of court, with the testimony recorded.
Motions and Negotiations
Throughout the process, lawyers file motions asking the court for specific rulings, such as dismissing the case or compelling evidence production. Negotiation is also a central part of a litigator’s job, as most civil lawsuits are resolved through a settlement before trial. Litigators engage in discussions with opposing counsel to resolve the dispute on favorable terms, avoiding the expense and uncertainty of a trial.
The Trial
If a settlement cannot be reached, the case proceeds to trial. The process begins with jury selection, where the lawyer questions potential jurors to select an impartial panel. The attorney then delivers an opening statement, presenting a roadmap of their case. Throughout the trial, the lawyer presents evidence, introduces witness testimony, and cross-examines the opposing party’s witnesses. The trial concludes with a closing argument summarizing the evidence and arguing for a favorable ruling.
Post-Trial and Appeals
A litigator’s work may not end with the verdict. Lawyers can file post-trial motions, such as a motion for a new trial. If a party believes the court made a legal error, their lawyer can handle the appeals process. This involves preparing written briefs and presenting oral arguments to a higher court, which reviews the trial record for errors that could change the judgment.
Core Skills of a Successful Litigator
A successful litigator possesses skills tailored to the court system. Analytical and legal research abilities are fundamental, allowing them to apply relevant laws and precedents to complex facts. This research informs their case strategy and legal arguments. Persuasive writing is another capability, as litigators must draft compelling pleadings, motions, and briefs.
Oral advocacy is also a key skill. Litigators must present arguments clearly in court and think quickly when examining witnesses. Refined negotiation tactics are necessary, as resolving disputes through favorable settlements is a primary objective in most civil cases.
Litigation vs. Transactional Law
The legal profession has two broad categories: litigation and transactional law. Litigators manage disputes within the court system, while transactional lawyers focus on facilitating agreements to prevent future conflicts. Their work includes drafting contracts, managing corporate mergers, overseeing real estate closings, and handling estate planning. A transactional lawyer’s goal is to structure deals that protect their client’s interests and minimize future risk.
The difference lies in their objectives. A transactional lawyer works to bring parties together and create legally sound agreements in an advisory capacity. In contrast, a litigator steps in when agreements or other duties break down and a dispute has materialized. Their role is adversarial, representing one side of a conflict against the other in a formal legal proceeding.
Common Reasons to Hire a Litigation Lawyer
An individual or business may need a litigation lawyer for various civil disputes where legal action is necessary. Common reasons include:
- Personal injury claims, such as those from car accidents or medical malpractice, where an injured party seeks compensation.
- Breach of contract cases, which occur when one party fails to fulfill its obligations under a formal agreement.
- Business disputes with other companies, such as disagreements over partnerships or intellectual property rights.
- Employment law cases, representing either employers or employees in matters of wrongful termination, discrimination, or harassment.
A litigator is needed whenever a civil dispute cannot be resolved through informal means and requires the intervention of the court system.