Job Description of a Litigation Lawyer
Being a litigation lawyer is a job that spans across numerous sects of the law such as criminal, civil, real estate and human rights. Litigation lawyers undertake tasks such as legal writing, research, and discovery to build a case. However, the primary function of a litigation lawyer is to represent a client, and to ensure that justice is swiftly served.
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Definition
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When a client has a legal complaint, regardless of the kind, a litigation lawyer is needed to decide whether there is a case based on the facts. If there is a valid legal complaint, a litigation lawyer puts the wheels in motion to begin litigation. A litigation lawyer begins the process by undergoing discovery in order to obtain more information and build a case. From there a complaint is filed with the court, and litigation has begun. Legal research and writing helps the lawyer build a case, and eventually the legal complaint is brought before the court.
Civil Law
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A litigation lawyer is in charge of bringing civil issues before a court. Civil cases are built on torts, which are civil wrongs, and are differentiated from criminal cases. The primary job of a litigation lawyer during a civil case is to prove beyond a preponderance of evidence that the facts of the case are as the client presents it, win the case, and garner a financial award for the client.
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Criminal Law
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The job description of a litigation lawyer in a criminal case is a bit different than from in a civil case. In a criminal case, if the lawyer is defending the person on trial, it is the lawyer’s job to prove beyond a reasonable doubt that the client is innocent. If the lawyer is prosecuting, it is their job to show beyond a reasonable doubt that the crime was committed by the defendant. If the litigation lawyer’s client is found guilty, then it is their job to plead with the court to lessen the amount of time the client is sentenced.
Research
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A litigation lawyer also spends a great deal of time conducting research to build the case. The ability of the litigation lawyer to employ superior researching skills can be the difference between a loss and a win in the courtroom. A litigation lawyer uses databases such as LexisNexis and WestLaw to find on-point law review articles, statutes, legislative history, and common law to help strengthen the case to help ensure a win before the court.
Writing
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Litigation lawyers, along with spending time researching, also spend a lot of time writing. In the situation where the lawyer loses a civil or criminal case, it may be the desire of the client to appeal. Good writing skills will be especially key in criminal cases, where an appellate brief is constructed. If the appellate brief is not sufficient, then the appeal can be thrown out before it has a chance to reach oral arguments before the court.
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References
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