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  • Writer's pictureElias Azadzoi

What does a Litigation Lawyer do?

Litigation Lawyers: The Unseen Architects of Legal Disputes

Litigation Lawyers often find themselves wrongly portrayed in popular culture. The common perception involves courtroom theatrics, dramatic confrontations, and fiery debates. However, the reality is far more nuanced. Litigation is akin to a strategic dance, where each side scrutinises the other's vulnerabilities, preparing for negotiations or trial.

The primary objective of a Litigation Lawyer is to secure a settlement for their client. Achieving this goal demands a meticulous analysis of facts and a careful evaluation of legal strengths. If an amicable settlement remains elusive, proceeding to trial becomes the only option.

Being a proficient Litigation Lawyer calls for exceptional communication, negotiation, and organisational skills. Above all, it requires the ability to present a compelling legal argument in favor of the client's stance. In complex cases, barristers are often engaged to make appearances and present these arguments in court.

While a Litigation Lawyer's responsibilities differ based on representing the plaintiff or defendant, the litigating process follows a similar trajectory for both.

The Art and Science of Litigation Lawyers

Litigation and dispute resolution encompass a vast array of legal domains but concentrate on dispute resolution and court proceedings. Navigating the intricate landscape of court rules and procedures demands a specialised understanding. Not all lawyers possess this expertise. While a property lawyer may excel in property matters, handling litigation is a distinct skill set.

Litigation Lawyers excel in court-based disputes, managing cases with precision. They possess in-depth knowledge of court requirements and procedures. Drafting legal documents, negotiating with opposing parties, and safeguarding their client's position while respecting the court's directives are paramount.

The management aspect of cases cannot be overstated. Litigation Lawyers collaborate with teams and external experts, ensuring optimal case preparation and coordination.

Seven Stages of a Litigation Lawyer's Role

1. Investigation: A Litigation Lawyer commences by meticulously listening to the client and understanding their circumstances. Training and experience often guide the lawyer in quickly assessing the soundness of the client's legal position.

2. Pleadings: Early in a case, Litigation Lawyers draft 'pleadings,' initiating or responding to legal proceedings. These documents play a pivotal role, defining and limiting subsequent legal arguments.

3. Discovery: Lawyers uphold an ongoing duty to the court to discover all pertinent materials. During this phase, each party shares relevant documents and answers specific questions from other parties, facilitating a comprehensive grasp of the facts.

4. Mediation: Mediation, a compulsory step before trial, involves negotiation sessions with an independent mediator. Litigation Lawyers are experienced negotiators, who guide and recommend settlement offers, with the client having the final say.

5. Trial: The trial is the pinnacle of litigation, though a majority of the lawyer's work concludes before this stage. A barrister takes the lead in court, but the Litigation Lawyer, intimately familiar with the case, plays a crucial supporting role.

6. Appeal: Post-trial, the losing party can file an appeal, challenging the trial outcome. This stage requires a compelling legal brief, showcasing the Litigation Lawyer's skills in argumentation.

7. Enforcement: Once the legal process concludes, parties must adhere to court orders. A Litigation Lawyer ensures compliance, and further action might be pursued to enforce these orders.

Litigation Lawyers are the unsung architects of legal disputes, meticulously crafting strategies and arguments to secure their client's interests. Their role extends beyond the courtroom, encompassing thorough investigation, strategic planning, and adept negotiation. In the intricate world of litigation, having an experienced Litigation Lawyer by your side can make all the difference. When disputes arise, it's crucial to seek out a Litigation Lawyer with the right skill set and proven experience. Your choice of legal representation can profoundly impact the resolution of your matter.


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