What Is The Role Of A Litigation Lawyer In A

What Is The Role Of A Litigation Lawyer In A Civil Case

When it comes to legal action, it will either be in the form of a criminal case (where it is the state or the police who are prosecuting) or a civil one(where a plaintiff is asking the court to make a judgment that protects their rights). In a civil case, litigation lawyers will be employed to represent the plaintiff and the defendant individually; they will also file any documentation and plead your case before the judge. But what is the exact role of a lawyer in a civil case?


Preparation


In most cases, a somekeyword will do all of the legwork before a civil case is even brought to the attention of the defendant. They will conduct an investigation into your case to ensure that you actually have reason and evidence to substantiate a lawsuit and will begin researching the law in terms of your situation (which will include looking for precedents set in previous cases).


Once your lawyer is satisfied that you have a valid case, they will enter your pleadings with the court. These include formal charges that are laid against the defendant (who is then given the opportunity to respond and can even lay a counter-claim against the plaintiff). The lawyer will then respond to any counter-claims on behalf of their client.


After the pleadings have been filed, the litigation lawyer will begin the discovery process, which is the most time consuming part of any legal suit. This process requires the lawyer to build their case by gathering and examining evidence (which can include physical and circumstantial pieces and testimonial anecdotes).

Pre-Trial and Trial


In the pre-trial phase, the litigation lawyer will put the finishing touches to their case. They will also advise their clients as to whether they should opt to have their case heard by a trial-by-jury or as a bench trial. If the former is chosen, then the lawyer will walk their client through the jury selection process.


When the trial begins, the lawyers will provide the judge with a brief on behalf of their clients (the plaintiff and the defendant) that outlines the arguments and evidence that each will be presenting. The trial process then begins, with both parties presenting their cases and trying to sway the jury or judge in their favour.


Once the trial is over, the judge or the jury will decide who they rule in favour of, at which point the judge will award damages to the either party (depending on the ruling). If the defendant chooses not to honour the ruling of the court, the litigation lawyer is able to enforce the judge's ruling through other means (such as a Writ of Execution or wage garnishments).

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