Friday 9 February 2018

What Exactly Does A Civil Litigation Attorney Do

By William Snyder


People unfamiliar with the complexities of the legal system, think you can call on one lawyer to handle all your issues. You might be surprised to learn that lawyers, much like doctors, have specialties. The one that helps you avoid a traffic violation fine is not the same one who will argue a murder case. If you need legal assistance with situations involving disputes regarding discrimination, alimony, or personal injury, a civil litigation attorney is the one to call.

One of the first things a litigator will do is meet with you and get all the facts, including documentation, of the case. Before she advises you on the next step, she will have to determine whether or not there is sufficient cause to bring a suit. This can involve finding witnesses and getting their stories, researching additional documentation, and investigating the information you and the witnesses provided.

The majority of cases are settled out of court. This is what all the parties should prefer. If the negotiations break down, your lawyer will start drafting pleadings and motions. She will meet with you periodically to discuss motions like dismissal and change of venue. You may have to give her more detailed descriptions and information surrounding the dispute.

In the discovery phase, your lawyer will exchange information with the opposing side's lawyer. She may take depositions and send formal requests to admit evidence and request that the other side produce evidence it intends to submit to the court. The lawyer, or her investigators, may visit the accident site or crime scene, if appropriate and will collect any additional evidence. Motions that are related to discovery are drafted during this time.

In the pre-trial phase, your lawyer will continue to advise you, hire expert witnesses, attend pre-trial meetings on your behalf, and develop her strategy based on the evidence and information obtained in the discovery period. There may be more depositions involving witnesses. Any materials necessary to trial demonstrations will be created during these time.

Throughout most of this time, your lawyer will have been talking with the other side trying to get them to settle the case outside court. If this doesn't work, the case will go forward. At this point, the lawyers will meet with trial experts to pick the most sympathetic jury. Your lawyers will be constantly assessing the chosen strategy and refining it.

You can expect your lawyer to represent you if both sides are willing to sit down and try to work out their differences. She will negotiate on your behalf and handle any paperwork that may need court approval. A settlement can occur at any time during the course of the case, including after the case has gone to trial.

If you find yourself in a legal mess, you need a good lawyer. You also need one with the right kind of experience and expertise. You have to choose carefully because the outcome can affect your life.




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