Civil litigation attorney

A civil litigation attorney is quite a versatile term that describes a type of lawyer who specialises in matters that aren’t essentially related to the criminal justice system.

Civil litigation lawyers’ roles don’t cover the defence of a person who had been charged with driving under the influence or had been arrested for theft.
They rather deal with matters that outline medical malpractice, personal injury, employment discrimination and civil rights. It is possible they may handle business cases, such as contract disputes, real estate matters, or in disputes that may involve partners in a corporation.

Those attorneys that specialise in civil litigation will need to prepare for every aspect of a trial in the civil court system.
Their role may involve interviewing clients and predicting the scope of the case and lawsuit purpose. The role would also include the preparation of petitions, or formal paperwork commencing a lawsuit.
Once the lawsuit has been prepared, civil litigation attorneys would then have the responsibility of discovery of information, or gathering information which involves compiling documents, taking the testimony outside of court and requesting information from the other party, or their attorney.

Civil litigation attorneys will also represent their clients along with the party they are suing.
Throughout the trial, the attorney will represent the client and may potentially work on their behalf to negotiate a settlement between parties.

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Civil Litigation: What is it?

What is civil litigation?
Civil litigation is the term used for a legal dispute that has occurred involving two or more parties seeking money damages or a specific performance, in comparison to criminal sanctions.
Litigators are what are known as the lawyers that specialise in civil litigation, and lawyers who practice civil litigation will represent the parties in hearings, trials, arbitrations and mediations before foreign tribunals, administrative agencies, federal, state and local courts.

The types of civil litigation

An extensive amount of conflicts can be encompassed into civil litigation.
Litigators will usually specialise in a couple of the specific areas.

Several of the common types of litigation include:

– Anti-Trust
– Construction
– Education Law
– Employment & Labor
– Environmental Law
– Intellectual Property
– Landlord/Tenant
– Medical Malpractice
– Personal Injury
– Products Liability
– Real Estate
– Worker’s Compensation

Civil litigation skills

To be able to proceed with litigation practice, there are a certain set of specific legal skills a person must acquire, including:

– Ability to synthesise complex legal and factual materials
– Analytical reasoning abilities as well as logical
– Client development skills
– Knowledge of legal research techniques and software
– Knowledge of substantive and procedural law
– Negotiation skills
– Strong advocacy skills, both written and oral
– Superior social skills

The role played

Being a litigator is a challenging role, as one must be prepared to assume an oppositional position and embody conflict and controversy.

The process

There are seven stages of the litigation process: investigation, pleadings, discovery, pre-trial, trial, settlement and appeal.
However, not every lawsuit will pass through each of the stages of the litigation; in many cases, lawsuits have been settled prior to the upcoming trial and those that do reach the verdict of the trial are not appealed afterwards.

Complex civil litigation will take years to pass from pre-suit investigation through trial/settlement.
The stage of discovery is the longest stage of civil litigation, not a lot of time is spent in trial, most is actually devoted to the discovery stage in the litigation process.

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