Last Updated on April 11, 2022 by AlexJames
Do you know what is the role of the litigation lawyer? Their main role is finding the weakness of their opposition and preparing for the negotiations and trials accordingly. Whether it’s to represent the plaintiff or defendant, the litigation process is the same for both parties.
With their skills and knowledge, litigation lawyers become capable of handling any type of case. Let’s learn about them in detail.
What Is A Litigation Lawyer?
A litigation lawyer or trial lawyer represents plaintiffs and defendants in civil lawsuits. They are responsible for managing all the phases of the legal action. From the investigation to the appeal, they handle everything.
Litigation resolution focuses on court proceedings and dispute resolution. Hence, a litigation lawyer possesses a deep understanding of the court-based procedure. They respond to the other party and the court on behalf of their client during a legal process.
The Role and Responsibilities of a Litigation Lawyer
In general, the role and responsibilities of a litigation lawyer can be broken down into several stages. They are–
Initial case assessment and investigation
In this stage, the litigators gather evidence to defend their clients, including statements of the witness, documentation, other relevant events, etc. They also determine whether the evidence is enough to make a lawsuit or not.
Drafting pleading to initiate the lawsuit
Typically, the plaintiff’s lawyer drafts and files a complaint to initiate the lawsuit, while the defense lawyer prepares draft answers or counterclaims in response. The litigators are also responsible for drafting a variety of pre-trial motions
Exchange all relevant information between involving parties
This process deals with gaining information from all involving parties. Here the lawyers can interrogate or write a series of questions to the other party. And the other party has to share all the answers.
This stage involves wrapping up discovery and preparing for court. Here both parties confirm the trial date and time.
Alternative dispute resolution
Litigators can settle a case at any stage of its lifecycle. Sometimes plaintiffs and defendants reach an agreement before the trial starts with the help of their lawyer. The outside settlement of a case eliminates the risk and expense of trials.
The trial stage
It’s the main part of any legal process. At this stage, lawyers from both sides use the relevant documents, evidence, witnesses, and their knowledge of the law.
And after hearing the closing statement from both parties, the judge gives the final verdict.
A Litigator can appeal the case for their client if they are not happy with the trial. They have to present evidence that makes them think that the previous trial decision is wrong and start the appeal process.
Education and Training for Litigation Lawyer
There are a few requirements that a litigation lawyer has to meet before starting their career. They must get their Juris Doctor degree from an accredited law school.
Simply say, every lawyer of this category must earn a four-year degree and an additional three years in law school. They have to pass the bar exam and then start their practice. And for this, they have to admit to the bar in their desired states.
On the other hand, most law firms typically hire qualified lawyers or solicitors as litigators. They often hire those who are still in training or are not fully qualified for the litigation assistant position.
Required Skills for a Trial Lawyer
Litigation lawyers need some skills to be able to handle any type of case and get a positive outcome. These skills include –
Effective communication and Negotiation Skills
Communication skill is a must in any type of lawyer’s job, and the litigation lawyer is not any different. They must have the ability to briefly present an argument and make their clients understand the complex legal process.
Meanwhile, persuasion skill helps a lawyer to convince the judge or the opposition party and bring a positive outcome.
Time Management and Organization Skill
When you are dealing with a legal process, you have to be punctual as well as totally organized. Missing deadlines create serious issues that often lead to severe penalties. And that’s why every litigator must be punctual and well organized.
Adaptability with Determination
A litigator has to prepare for any unexpected obstacles and the determination to win the case. They need mental perseverance to handle complicated and chaotic cases.
Now you know everything about the role of the litigation lawyer. A litigator has strong technical skills that help clients in their most vulnerable times.
With their assistance and expertise, you can present your case in the best possible way and ensure a fair trial.
See more: Tips to Finding the Best Lawyers