How A Litigation Attorney Can Help You

Litigation attorneys, also called litigators, offer legal representation to either a defendant or a plaintiff in a civil case. They work in corporate legal departments, government offices, and in their own law firms. These professionals follow a legal process with many tasks that must be carried out well.

If you’re considering working with a litigation attorney, it’s important to know what his or her role will be. The following are the basic duties of litigation attorneys.

Offering legal representation in a trial

Litigation attorneys are best known for representing their clients in the courtroom. In preparation, your litigator will collaborate with experts to craft a trial theme. They will identify both the strengths and weaknesses of your case and come up with persuasive arguments.

During the trial, your litigation attorney will make opening remarks, present evidence, and argue motions. They will also examine and cross-examine witnesses and make closing statements. After the trial, litigators may also perform post-trial interviews of the jury.

Consulting with clients

During the early days of your case, a litigation attorney will exhaustively review the details and evidence, and offer you solid advice. After reviewing your case, the litigator may suggest that you try to resolve the matter out of court.

When resolving the matter out of court, your litigator will take part in settlement discussions with the opposing party to ensure that you’ll get the best deal possible. It’s the role of your litigator to create all materials relevant to the settlement, including agreements and releases.

Should you fail to resolve the matter out of court, the litigator will help you file or defend a lawsuit in court.

Investigating and reviewing your case

If you’re a plaintiff in a personal injury lawsuit, your litigation attorney will get ready for trial by gathering details about your case. He will perform an investigation to see if there’s enough evidence to file a lawsuit.

During the investigation process, the litigation attorney will examine all facts that lead to the dispute or accident. He will locate and collect names of witnesses and take statements from them as well.

If you’re the defendant, your litigation attorney will also conduct an initial case investigation and review the available evidence. She will review the case thoroughly and work out a strategy to defend you against a potential lawsuit.

Handling the discovery process

The discovery process involves swapping all relevant information between the plaintiff’s and defendant’s litigation attorneys. To get the information, these attorneys use different types of discovery devices.

One of the methods used for conducting discovery is interrogatories, a series of questions that must be answered in writing and under penalty of perjury by the other party to the lawsuit.

Another method used is setting up depositions, which involves one attorney questioning a witness in an office setting. Deposition questions are also answered under oath. Both parties could request relevant documents from each other as part of the discovery process as well.

Parties can ask each other to either admit or deny certain aspects of the case in writing and under oath during discovery. The documents and recordings made can then be used in trial.

It’s also the role of your litigation attorney to outline and argue motions. These involve attorneys asking the judge to make rulings on legal issues, like what a jury can accept as evidence.

The discovery process allows litigation attorneys to gather information, find issues, and create a winning case strategy.

Formulating and drafting pleadings

Whether representing the plaintiff or the defendant, the litigator must file a variety of pleadings and motions with the court. To start the lawsuit, the plaintiff’s attorney must draft and file a summons and complaint.

The litigation attorney representing the defendant will also draft answers and counterclaims in reply to the initial complaint. To come up with responses, the litigator has to collaborate with the defendant in investigating the accusations.

It’s also the role of the litigation attorney to draft pretrial motions, which include changing where the trial will be or striking and dismissing evidence. The litigator may file motions for judgments based on the pleadings to make court appearances unnecessary as well.

Speak with the litigation experts at Brown & Fortunato, P.C.

Whether you’re the plaintiff or defendant, you want to win your case. The best way to guarantee a win is to hire an experienced litigation attorney. To learn more about this process and how our Litigation Team can help you, call us at (833) 228-6300 or contact us by email today. We have the experience, knowledge, and dedication to help you succeed and have represented both large and small companies as well as individuals.