What Exactly Does A Civil Litigation Attorney Do

By William Snyder


Some people think that, if they need a lawyer, they can just search online for lawyers in their zip code, and pick the one at the top. This is really a waste of time because lawyers, like doctors, specialize. You wouldn't hire an eye doctor to replace your hip, and you shouldn't hire a criminal attorney to handle a traffic violation. If you need representation to fight a case involving discrimination, alimony, or personal injury, for instance, you have to hire a good civil litigation attorney.

When you first meet with one of these litigators, you will be asked to describe your situation and provide any documentation you have. If you decide to proceed with this lawyer, she will take some initial steps to determine whether or not you actually have a good case. This might involve looking for witnesses and interviewing them, researching any additional paperwork, and corroborating the information you and the witnesses gave her.

The majority of cases are settled out of court. This is what all the parties should prefer. If the negotiations break down, your lawyer will start drafting pleadings and motions. She will meet with you periodically to discuss motions like dismissal and change of venue. You may have to give her more detailed descriptions and information surrounding the dispute.

During the discovery period, the lawyer will contact the opposing side and exchange general information. It may be necessary for her to arrange depositions and request that the opposition product the evidence it intends to submit during the trial. She, or her team, will travel to the accident or crime scene to get first hand information and try to undercover additional evidence. While this is going on, your attorney will be developing an initial strategy.

In the pre-trial phase, your lawyer will continue to advise you, hire expert witnesses, attend pre-trial meetings on your behalf, and develop her strategy based on the evidence and information obtained in the discovery period. There may be more depositions involving witnesses. Any materials necessary to trial demonstrations will be created during these time.

Normally during the discovery and pre-trial stages, lawyers for both sides continue to communicate and attempt to reach an agreement to settle the matter before the court date. If nothing comes of this, your case will be put before a judge and jury. All during the trial, the lawyer will be examining the weaknesses and strengths of your case and adjusting her strategy to reflect what she finds.

Even if you don't go to trial, and opt for a settlement, your lawyer is still your legal representative. She will attend meetings with you and negotiate on your behalf. She may meet with you privately to go over the terms. Both lawyers will handle all the necessary paperwork.

If you ever need a lawyer you want one with the right kind of expertise. It's not always easy to find an appropriate attorney to handle a particular dispute. Instead of relying on television ads, you should turn to the state bar for information.




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