A litigator lawyer has the skills and experience to handle high-stakes litigation cases, sensitive business transactions and engagements and other legal affairs. Litigators from Oberheiden P.C. represent clients in lawsuits involving a wide range of topics, including complex business arbitration disputes, counterclaims, and defenses on complicated matters, insurance litigation matters that might involve state or federal law. If you’re wondering what a litigator’s duties are, or you want to know what makes a litigator stand out from other lawyers, this article provides the basics you need to know.
Initial Case Assessment and Investigation
Litigators are often hired for the initial case assessment and investigative work preceding a lawsuit. This includes the investigation of possible causes of action on behalf of clients, including situations where a party or entity either is or may be liable under law for damages or civil wrongs. Once a cause of action is found, it must be proven by evidence. A Litigation lawyer can help their clients with the investigation and collection of evidence that will prove the case and lead to a successful outcome in court.
For example, a plaintiff might need to find evidence of defective product and wrongful product design, or a defendant might need to show that they were not negligent. Litigators are often used to gather such data, effectively acting as investigators at the beginning of a case.
Drafting Pleadings and Legal Documents
A litigator plays a key role in communicating the need for a case to the court. Litigators are responsible for drafting pleadings and legal documents, which are usually filed with the courts. These pleadings and legal documents may be based on claims of civil or criminal law violation claims. They may include requests for injunctions, damages, or other remedies that will help the court reach its decision. It’s important to draft such documents truthfully and fairly to ensure that justice is served with as few mistakes as possible. In addition, when pleading a case, it’s crucial to provide relevant information necessary to the case, including a good amount of legal precedence, so that the court can reach a proper decision. With this in mind, it is important to compile, organize and draft all documents with your litigator to ensure they are effective tools when arguing a case before the court.
The Discovery Process
Among a litigator’s duties is the discovery process. Litigators can take on a lawyer’s role in the adversarial part of civil litigation, commonly known as a “trial lawyer.” During this process, opposing parties gather evidence to present to a judge or jury. The information that is gathered is known as “discovery,” and litigators are responsible for turning over such information to opposing parties in accordance with set deadlines and requirements. There are strict guidelines regarding discovery that must be followed and limits on what can be requested from other parties and how long certain information can be held. Additionally, litigators may also serve as the attorney of record for their clients and helping them to file documents to protect their interests in the case.
In addition to discovery and legal document drafting, litigators also handle pre-trial tasks and court appearances. Pre-trial tasks often include drafting and reviewing briefs, preparing exhibits and motions, and ensuring that all deadlines are met. Litigators also handle pre-trial hearings that often involve important decisions regarding the case, such as where a trial will take place. During a pre-trial hearing, a litigator can provide an overview of the case and an explanation of their client’s position.
Trial Preparation and Representation
If a case makes it to trial, a litigator is responsible for presenting their client’s claim to the judge or jury. This includes acting as the client’s primary advocate in court proceedings, participating in witness interviews and depositions, presenting evidence, and making opening and closing statements that summarize the issues in the case for jurors. In the court process in a civil action or criminal case, litigators often serve as legal counsel for their clients by providing general advice and guidance regarding their cases. In some cases, litigators may even serve as legal advisors, helping to coordinate the logistics of a proceeding and giving input on how to proceed with a case.
After the courtroom proceedings are over, litigators will often handle appeals to protect a client’s rights in a case. Litigators may also represent clients in their bids to overturn a verdict or judgment that was unfavorable to the party. At this point in a case, litigators may also assist clients with filing motions and submitting briefs to help their cases. In addition, if the losing party appeals a decision, litigators must often prepare for oral arguments by presenting their clients’ cases to an appellate court.
In a nutshell, litigators are committed to advocating for their clients and their cases to ensure that justice is served in court. In addition, they can provide clients with legal advice, perform investigations and provide research to help their case by drafting pleadings, briefs, and legal documents. So if you’re looking to hire a lawyer for civil litigation, hire an experienced and qualified Litigation Attorney.