Litigation in law is when a party (complainant) sues another party (defendant) with the aim of defending his or her legal rights. In some cases both parties often settle their differences outside court while in other cases both parties end up in court. In the court, both parties are heard it then falls on the jury or judge to ascertain the ultimate resolution. Some people mistake a lawsuit for litigation but both terms are different.
The litigation process is quite different in all states and courts, but the trial is quite similar. It starts with the complainant taking the case to court. In the court, the complainant files a complaint stating all of the ways the defendant has either violated his or her legal rights or broken the law. The court doesn’t just accept what comes out of the complainant’s mouth without carrying out an intensive investigation. The facts presented by the complainant is thoroughly investigated, and if found to be true and the two parties are yet to settle their case outside court, it’ll go to trial. It is the duty of the judge to preside over the case and ensure that the law is well interpreted and that due process is followed by both parties.
If you find yourself embroiled in a dispute between an individual that seems so hard to settle, one of the best thing you can do is to hire a litigation attorney. A litigation attorney is an expert when it comes to litigation. Thanks to his experience in the field a litigation attorney will guide you through the whole steps and process of the litigation procedure. He or she will brief you about the risks of taking that case of yours to court, the importance of settling it out of court, and your chances to winning the case. These professionals are gods when it comes to ligation due to the vast knowledge they have.
First, because evidence is needed in every case no matter how small, a litigation offer will have to ensure that you have enough evidence to either file a lawsuit or defend it. The litigation attorney will also search for individuals who witnessed the dispute and draft their statements, he will also scrutinize the facts he has to ensure that they are all accurate. He wouldn’t want to provide the Judge with inaccurate information or facts regarding the case; that is a terrible way of wining a case. These attorneys will also take dispositions, draft pleading motions and get ready for pre-trial.
Just as the name implies, pre-trial often takes place before the main trial. Here the litigation attorney meets with his client to discuss the strategy that would be adopted in winning the case and any other important information relating to the case. During this period, the litigation attorney and the client will take testimonies of witnesses and experts, get trial exhibits ready, etc. and debate pre-trial motions.
Not all lawsuits gets to this stage. In fact, some lawsuits are settled before the actual trial. Though some cases get to this stage and for cases that do, it is the job of the litigation attorney to represent his client in court. A judge is selected by the attorney and then he tenders the case before the judge. To prove his point the litigation attorney may present evidences, call upon witnesses to testify, and making opening and closing utterances. If the case eventually gets to court and the result isn’t one that favors the attorney or his client, they can appeal the case.
Afterwards, the attorney will have to outline post-trial motions, get more evidence, do more homework and create more tactic to ensure that the outcome of the trial is one that favors his client.
Taking a case to court can be very stressful and expensive. You have several running around to do and schedules to meet up with. Rather than taking a case to court, your litigation attorney may advice that you settle the case outside court to avoid the stress and other unpleasant things associated with the court process. A litigation attorney can serve as a mediator when you decide to settle the case outside the court.