The US ranks among the most litigious countries in the world. According to the American Bar Association, there are over a million lawyers in the country. Furthermore, there are around 75 lawsuits per thousand people each year – making the US the fifth-most litigious nation in the world.
Litigation often reaches far beyond simple disagreements. It’s therefore vital to hire a litigation lawyer to act on your behalf. They are familiar with civil and criminal legalities in your state and will often get involved with cases at every stage.
What Is a Litigation Lawyer?
Litigation lawyers are fully qualified legal professionals that specialize in representing clients throughout civil and criminal lawsuits. Their role is expansive, and they’re tasked with overseeing cases from beginning to end. This oversight spans the earliest parts of a civil case, including investigation, pleadings, and discovery. From there, they also accompany their client to pre-trial and trial before following up on a case through the settlement and appeals process stages.
Their roles primarily involve defending clients, just like any other legal representative. However, their specific tasks can vary depending on the type of dispute, such as financial claims or dispute resolution, along with whether they represent the defendant or plaintiff.
Litigation attorneys also enter different specialist fields based on education and experience. Some never even see the inside of a courtroom. Instead, their roles are primarily office-based and oversee business and property sales, contract negotiations, and various other functions.
What Does a Litigation Lawyer Do?
Many lawyers boast vast experience in the laws and regulations of the state in which they operate. However, litigation lawyers stand out through the fact that they are often required to think quickly. Knowledge is not enough to become a successful litigation attorney.
Instead, they must not only know what they’re talking about but also be willing to apply that knowledge in creative and practical ways. This expertise can vary from case to case, with witnesses and even judges often posing questions that are impossible to account for in advance.
Nevertheless, for the most part, litigation lawyers are there to advocate for their clients and push their positions within the defined legal framework. They will consider the nature of a case, your position, and that of the other party. They will then apply legal expertise to the case in an effort to secure the best possible outcome.
The nature of their work and the multiple roles they fulfill throughout a case means that they must be competent both inside and outside the courtroom. They have a critical role to play in the discovery stage and will also serve as your representative in discussions with other lawyers and witnesses.
When You Might Need a Litigation Lawyer
Any dispute that results in legal action can result in the need for a lawyer. This requirement applies both in roles as plaintiff or defendant. Put simply; a litigation lawyer is there to convince a courtroom that your position in the dispute is the correct one.
Litigation lawyers can be involved in criminal and civil procedures alike. Thus, they play a part in multiple scenarios, including but not limited to:
Dispute Resolution
Whether related to business or personal matters, some disputes require third-party adjudication – in this case, from the court system.
A litigation attorney will work at every stage to prove that you are on the right side of a dispute. Then, with your best interest at the forefront of their case, they will handle the legal process, including communication with parties on the other side of the dispute.
Contract Disputes
Contracts work best when all parties involved have every intention of adhering to them. Unfortunately, that’s not always the case. A contract litigation lawyer will interpret contracts and explore the circumstances around any related disputes.
They will use their legal knowledge to look into the relevant parties in a contract, its terms, and if and how a breach took place. But, most importantly of all, at least in terms of reaching court, they will also seek to determine the losses suffered by each party.
Commercial and Property Deals
These deals are often an extension of contract disputes, but more commonly in a context related to business rather than personal disagreements. There are so many different factors in commercial deals and property sales that it can be challenging to account for everything in a contract.
This approach leaves terms and conditions open to interpretation. A litigation lawyer will work to ensure that your interpretation is viewed as the correct one.
Tax, Debt, and Bankruptcy
Tax issues can potentially escalate into criminal cases, at which point litigation lawyers still have a part to play. However, personal finance issues can regularly see one or more parties tasked with defending themselves, potentially against large companies and even the government.
A lawyer will seek to justify issues such as late or missed payments and illegal charges as part of their more comprehensive understanding of the case at hand.
Intellectual Property
IP laws can be a minefield for the uninitiated. An unwillingness to defend a trademark or copyright can be sufficient reason to give up ownership in the eyes of a court. Intellectual property litigation lawyers bring their expertise to the fore, just as in every other scenario, to ensure that rights holders are protected and can assert their rights over what is theirs.
The Importance of Hiring the Right Litigation Attorney
When hiring a litigation lawyer, the first step is to ensure they have expertise and experience in the relevant field. As noted, there are over a million lawyers in the United States, and the vast majority choose to specialize in particular case types. Commercial property lawyers may not be the right choice in the event of dispute resolution and vice versa.
It’s also important to acknowledge that legal cases take time. Some are settled before even reaching court. Others can drag on for many years. Therefore, it is vital to find a lawyer you can trust, and that is willing to put in the work over extended periods for a satisfactory outcome to the case.
In most cases, the right litigation attorney is someone that can take facts surrounding a case into account before settling on a satisfactory outcome. They draw upon the law in their jurisdiction, knowledge of how cases often play out, and a willingness to think on their feet to ensure results that land in their clients’ favor.
If you plan legal action against another party or have received a summons, appointing a litigation lawyer should be at the top of your priority list. Get in touch today to find out how we can help and ensure that your case starts as it means to go on.