What Do Litigation Lawyers Do?

Litigation lawyer perform an array of duties.

Litigation lawyers are essentially the only line of defense for clients who wish to present a legal claim before a court. For this reason, litigation lawyers are often called trial lawyers. Whether representing a criminal, civil or appellate argument to the court, it is the litigation lawyer's responsibility to evaluate the strength of the legal claim and determine the likelihood of winning the case.

Case Investigation

Before a litigation lawyer decides to bring an issue before a court, it is required that a certain amount of investigation take place. This is to ensure that a weightless claim is not brought before the court. Lawyers can suffer sanctions for bringing frivolous claims before the court under the Federal Rules of Civil Procedure 11(b). Initially, the litigation lawyer will consistently meet with the client, take statements from witnesses and investigate the facts. This is all done to ensure that a strong case can be built, and that there is actually a valid legal remedy.

Pleadings

According to Federal Rules of Civil Procedure 8(a), "upon determining that there is a valid claim, a litigation lawyer will have to construct the claim." A claim consists of a number of pleadings and motions on behalf of the client. The lawyer will have to abide stringently to the Federal Rules of Procedure, and the adequate state rules of procedure when drafting the claim. It is the litigation lawyer's duty to spend a significant amount of time with the client collecting information that can be used to provide the strongest claim to the court.

Discovery

According to the Federal Rules of Civil Procedure 26(a)(1)(B), "after a claim is filed, the litigation lawyer will have to engage in discovery." This is the period of time where the opposing side is given notice of the legal claim, and is able to respond to the complaint. It is the litigation lawyer's duty to receive and send interrogatories, depositions, and request evidence in support of opposing counsel's responding claim. This is a critical stage in litigation, as being a sloppy lawyer can lead to a claim being dismissed by the court for lack of discovery and evidence.

Trial

Most people are familiar with the trial. This is the opportunity for the litigation lawyer to use all of the information gathered through investigation and discovery, and present the best legal arguments to the presiding judge. In criminal cases, the burden of proof is to prove beyond a reasonable doubt that the crime was committed as claimed. In civil cases, the litigation lawyer will have to prove beyond a preponderance of the evidence, that more likely than not, her client presents a valid legal claim.

Settlement

A common misconception is that legal claims are always won within a courtroom. However, the majority of legal issues settle out of court. In the situation that a claim never reaches the courthouse, it is the litigation lawyer's responsibility to negotiate a settlement for his client that best suits the legal claim. During this stage, a litigation lawyer will have to attend mediations and settlement conferences to come to an adequate settlement.

References

• Litigation Attorney: Job Description
• Cornell University Law School: Federal Rules of Civil Procedure