Litigation is the legal process of resolving disputes through the court system. When negotiations fail or legal rights need to be enforced, a litigation lawyer (also called a litigator or litigation attorney) represents individuals, businesses, and organizations throughout the legal process. Understanding what a litigation lawyer does can help you determine whether you need one if you’re involved in a legal dispute.
What Is Litigation?
Litigation refers to the process of resolving legal disputes through the courts. While many disputes are settled before reaching trial, litigation can include every stage of a lawsuit, including investigations, filing court documents, negotiations, mediation, trials, and appeals. Litigation may arise in civil, commercial, family, employment, estate, or other legal matters.
Definition of a Litigation Lawyer
A ‘Litigation Lawyer’ is a lawyer who specialises in representing clients in courts. They navigate the complex process of law suits. This involves representing a client in bringing a legal case before the court to resolve disputes.
Explore Different Specialisations
Not all lawyers appear before courts on behalf of their clients. For instance, a Real Estate lawyer may focus on closing real estate transactions, but not appear before court in the event of a real estate lawsuit.
Civil Litigation Lawyer
Civil litigation lawyers represent clients in civil disputes such as personal injury claims, property disputes and contract disputes. They handle the whole litigation process, from pre-trial through trial and appeals.
Trust Litigation Lawyer
Trust litigation lawyers are involved in cases involving estates, trusts and wills. They handle disputes like contesting a will, conflicts over administration of trusts, and claims of breach of fiduciary duties.
Criminal Lawyer
Criminal lawyers defend clients, who have been charged with an offense under the Canadian Criminal Code, before criminal courts.
Corporate Litigation Lawyer
These litigators specialise in corporate disputes. Companies involved in matters such as: shareholder disputes, contractual conflicts, and intellectual property are handled by corporate litigation lawyers.
Unveiling Duties
The duties of a litigation lawyer vary according to the type of litigation and its stage. Here are a few typical tasks that they perform:
- Legal Research – the process of conducting thorough research.
- Legal Drafting – writing legal documents such as motions and pleadings.
- Representation – representing clients in court, mediation and/or arbitration.
- Negotiation – negotiating settlement or plea bargain, to resolve legal matters.
- Prepare witnesses and evidence to be used in court
- Appeals – appearing before higher levels of court: the Court of Appeal or Supreme Court.
Seeking Legal Help
A litigation lawyer with experience is essential for any dispute that is headed to court. Find a list of lawyers by clicking on the button below:
Conclusion
Litigation lawyers play an essential role in helping individuals and businesses resolve legal disputes. From legal research and negotiations to courtroom advocacy and appeals, they guide clients through every stage of the litigation process. If you’re facing a legal dispute, consulting an experienced litigation lawyer can help you better understand your options and protect your interests.
Frequently Asked Questions
What does a litigation lawyer do?
A litigation lawyer represents clients involved in legal disputes. Their work may include legal research, drafting court documents, negotiating settlements, preparing evidence, and representing clients in court.
What is the difference between a lawyer and a litigation lawyer?
While all litigation lawyers are lawyers, not all lawyers practice litigation. Many lawyers focus on transactional work such as real estate, corporate law, or estate planning without appearing in court regularly.
What is a litigator?
A litigator is another term for a litigation lawyer. Litigators represent clients throughout the legal dispute process, including negotiations, mediation, trials, and appeals.
Does every legal dispute go to court?
No. Many disputes are resolved through negotiation, mediation, or arbitration before reaching trial. However, litigation lawyers prepare every case as though it could proceed before a judge.
