Civil Litigation is a legal dispute between two or more parties that seek money damages or some specific performance rather than criminal sanctions. A lawyer who specializes in civil litigation is known as “litigator” or “trial lawyer”. This type of lawyer focuses his legal practice on representing clients in the court.
A civil litigation lawyer is an attorney who works mainly with lawsuits. The main duty of litigation lawyer is to take a lawsuit to the court and win the case. They can either initiate a legal action by filing a lawsuit or defend a client by responding to a lawsuit and making claims. A civil litigation lawyer must have versatile skills to represent his or her clients effectively. Civil litigation lawyers will most likely focus there legal practice on specific areas such as
- Environmental law
- Intellectual property
- Products liability
- Personal injury
- Medical malpractice
- Employment and labor
- Real estate
- Anti trust
- Worker’s compensation
- Education law
A litigation lawyer has to work calmly and professionally with the clients. The three main experience levels of litigation levels-junior, 0-3 years of experience; mid-level, 3-more years of experience; senior, 4 to more years of experience
The role of the litigation professional is very challenging since civil litigation is an adversarial process. The civil litigation lawyer knows the ins and outs of the legal system and will handle all kinds of paperwork and letters involved in any civil court matter.
The skills required for the litigation are:
- Knowledge of procedural and substantial law
- Strong oral and written advocacy skills
- Logical and analytical reasoning abilities
- Ability to synthesize factual and complex legal material
- Superior interpersonal skills
- Client development and negotiation skills
- Knowledge of legal software techniques.
HOW CIVIL LIGITATION LAW WORKS
Civil litigation can be divided into seven stages: investigation, pleadings, discovery, pre trial, trial, settlement and appeal. Not every lawsuit passes through every stages of litigation. The lifespan of lawsuit ranges from several months to several years. Complex civil litigation takes years to pass from pre suit investigation through trial/settlement. Discovery is the longest and laborious stage of civil litigation. Litigation law is very detailed and its case is usually large.
A party who initiates a civil action in a court by filing a complaint is designated as plaintiff. The party against whom the complaint is filed is known as defendant. The complaint is a plain statement that describes the dispute and usually contains a money damage requests. It must be served on the defendant on the sheriff authorized by a law. Upon receipt, the defendant has to answer the complaint within a specified period. After filing his answer to the complaint by the defendant, the discovery phase of the civil litigation process starts. The discovery rules are designed to help delineate the material issues in the dispute prior to trial so the trial is conducted on the merit of the case. Once discovery is concluded, a pre-trial conference is scheduled to resolve any outstanding issues by the court.