When it comes to civil litigation law, there is a lot to know. Let’s discuss what it is, examples of cases, what kind of role an attorney plays in this area of law and what cases typically consist of.
What Is It
It’s an area of the law that involves two or more parties who are involved in a dispute that seeks specific damages; In most cases it’s monetary damages. The parties don’t seek out criminal punishment or sanctions. Cases that fall under this area of the law are solved in court, where a judge or a jury decides the outcome.
Attorneys who work within the area of law are called litigators. They are also referred to as trial attorneys. They can represent either defendants or plaintiffs.
Many types of disputes can find their way into the courtroom, and some of the most common ones include personal injury claims and product liability lawsuits. Others include disputes between tenants and landlords, cases involving environmental law, as well as disputes surrounding intellectual property.
Disputes involve workers’ compensation are common within civil litigation, and so are labor and employment disputes. Education law disputes and construction liability lawsuits are also common. Finally, divorce lawsuits, which involves spouses going through a divorce or have already gone through one but seeking some sort of compensation, are quite common.
All of the above cases can involve companies going against companies, corporations going against corporations, individuals going against individuals or individuals going against companies or vice versa.
Civil Litigation Attorney: Their Role
Attorneys represent their clients in the cases previously mentioned, as well as other cases that have not been mentioned. The goal of the attorney is to get the best possible outcome for the client. Attorneys that work as civil litigators have to be willing to embrace conflict, as well as be aggressive.
Lawyers have to have be well-adverse and knowledgeable of the area of civil litigation they specialize in. Other skills required include negotiation skills, interpersonal skills, logical reasoning abilities and strong oral and written advocacy skills.
What Do Litigation Cases Consist Of
Generally speaking, there are several stages of civil litigation. The different parts of a case include the investigation phase, which involves certain parties conducting investigations into the other party’s claims or into the client’s claims. The other stages include pleadings and discovery. The last two parts of litigation consist of pretrial proceedings and settlement, if one has been reached. If it hasn’t, then a trial may take place or an appeal may be lodged.
A good portion of an attorney’s time is spent during the discovery stage. As for how long cases go on for, it can be as little as a week or two or as long as a few years.
It doesn’t matter if you are going to be a plaintiff or a defendant in a civil litigation case, you’ll want to hire a competent attorney. Although some cases may appear to be straightforward and an easy win, you don’t want to risk representing yourself. Do your research on attorneys and then hire the civil litigation lawyer you feel has your best interests in mind.