Understanding the Role of Litigation Attorneys in a Civil Case

Civil lawsuits are cases which are filed on the behalf of a plaintiff or petitioner, asking the courts to grant them a judgment in protecting their rights, recovering property and assets from a defendant or award them monetary damages stemming from an incident or accident. Some types of civil matters include: Breach of contract, property ownership and rights, administration of wills, division of assets within a divorce, probate and guardianship.

The procedure of a civil suit is extremely detailed and complex, and hiring a litigation attorney for litigation advice to represent you in your civil case will maximize your chances of having a judgment awarded in your favor. Litigation attorneys have extensive knowledge related to civil laws, in addition to years of experience in trying civil cases.

Starting a Civil Suit: Let Your Lawyer Do the Legwork

The very first steps in filing a civil lawsuit are probably the most meticulous, thorough and time-consuming part of your case. Once you have hired your litigation lawyer, he or she conducts an original investigation to examine your case to make sure there is ample evidence and documentation to guide your lawsuit. Including researching what the law states because it applies to your specific situation and reviewing documentation that you have provided.

If your lawyer is confident that there surely is enough evidence to guide your claims, he or she will likely then enter pleadings to the correct courts. These generally include formal charges brought by the plaintiff that may start along with your litigation attorney drafting a Summons and Complaint for Lawsuit. The Summons and Complaint is the initial allegation stated by the plaintiff that may then be served upon the defendant. The defendant then has the ability to answer the charges, which can include a counter-claim from the plaintiff. The plaintiff then has the ability to answer any claims that the defendant has stated in their response.

After the ultimate pleadings have already been filed, your attorney will likely then begin probably the most time-consuming portion of your case: The discovery process that done by law cost drafting. The discovery process is where litigation lawyers develop their case strategy by gathering and examining evidence. Evidence could be physical and circumstantial, in addition to testimony from witnesses. Your litigation attorney will likely then conduct interviews with potential witnesses, which may include interrogatories and depositions. Interrogatories are written questions that require written answers for documentation purposes, while depositions contain witnesses being questioned under oath with the whole question and answer session being recorded by a court reporter. Depositions are extremely useful for litigation attorneys, because they are often used to indicate discrepancies and inconsistent information originating from witnesses. They may also be used as evidence in court in place of the physical presence of a witness who may not be present at a hearing.

Litigation Attorneys Represent Clients in the Pre-Trial and Trial Phases

The pre-trial phase is when litigation attorneys fine-tune their case strategies by retaining expert witnesses presenting technical information to the court in an unbiased manner. This is also the full time to decide whether to possess your case heard by a Trial-by-Jury or to put on a Bench Trial. In the pre-trial phase, if you're Trial-by-Jury is decided upon, representatives for both parties will interview potential jurors in an attempt to produce a fair jury panel. If both parties favor a Bench Trial, they waive their right to possess their case heard by a jury and instead opt to possess their case heard, reviewed and determined by a judge.

The trial process begins with representatives for both the plaintiff and the defendant providing the judge with a quick, which outlines the arguments and evidence that will be presented at the trial. Litigation attorneys will likely then present their opening statements to the judge and/or jury, which will be accompanied by opening statements from the defendant's representatives. Evidence will likely then be presented to the court on behalf of both parties. After every one of the evidence has been submitted, representatives for both the plaintiff and the defendant will present their closing arguments.

Final Judgment: Having a Litigation Lawyer Collect Awarded Damages

In the case that the judge and/or jury rules and only the plaintiff, the defendant must adhere to the ruling. If the defendant chooses not to honor the judgment, the plaintiff must enforce the court order through other means. Litigation lawyers can work on their client's behalf by filing a Writ of Execution, which is a court order that enforces the monetary judgment against a defendant. A Writ of Execution may range from the seizure of the defendant's property by the sheriff, where it will likely then be sold at a sheriff's sale with the proceeds likely to the plaintiff to satisfy the judgment. Banking account and wage garnishments may also be used to get monetary judgments, in addition to filing property liens, which place the title to any real property under a freeze, in which the defendant cannot trade or sell before the judgment has been paid.