Litigation lawyers are typically the same professionals you’ve seen on TV or in movies as the ones portrayed by Tom Selleck or any of the other courtroom fixtures you see on television. The lawyers in court during a legal trial, or even the attorneys and prosecutors in a criminal trial. In fact, many of today’s most well-known courtroom characters are actual litigation lawyers. People such as John Edwards, Russell Brand, Oliver North, sex offender Bill Weinberg, even Jesse Jackson. If it was up to me, I’d have to put them all in a short category of entertainment and attorneys, and then another long category of people who deal with real issues in the world of litigation.
What exactly is a litigation lawyer? A litigator is an attorney who practices in the area of law defined by the United States District Court. Although there are state-specific requirements, the majority of litigators in the United States are state-based. A trial lawyer, for instance, would be considered a trial litigator if he or she has handled a trial in which a party or parties to seek compensation from a government entity or a party.
In today’s litigation lawyer, the roles of these lawyers often cross over. For example, a trial lawyer may also be a civil litigator. The role of a civil litigator is much like that of a prosecutor. Civil litigation lawyers argue civil cases with both parties as represented by a lawyer. This type of lawyer also works with witnesses and with opposing parties, much like a prosecutor does. However, civil litigators have some differences from prosecution lawyers.
One big difference between a litigation lawyer and a prosecutor is that the former does not take on clients or conduct depositions. This means that the litigation lawyer works primarily in the form of negotiations. Negotiations are the heart of litigation. If a party cannot come to an agreement about a matter, either party can file a lawsuit in the county court. As previously stated, this type of lawyer generally works only with parties and their attorneys.
Another major difference between a litigation attorney and a prosecutor is that the latter does not have the job of fighting a case to the death. Litigation attorneys usually prepare the paperwork required to bring a case before a judge or a jury. This paperwork, along with discovery packets, discovery witnesses and affidavits are all used by a litigation attorney to bring a lawsuit before the court. The paperwork and discovery are also filed in the courthouse where the lawsuit is filed.
Since most cases result in settlements, many law firms employ litigation lawyers. A civil lawyer may be hired to defend a person who has been accused of wrongdoing, whether it is true or not. If the plaintiff is unable to prove his or her innocence, then a trial will occur in the court room. If the plaintiff is proven guilty, a civil case will conclude and the plaintiff will receive either a monetary settlement or a ruling in favor of his or her innocence.
Many state constitutions also allow for the presence of sheriffs or other auxiliary judges called “commoners” in county courts. Although the presence of these judges is not mandated by the state constitution, it has become commonplace for them to issue opinions in criminal cases. Commonly, these opinions are referred to as “writ of attestation,” and are often used as evidence in criminal proceedings. Because a litigation lawyer is involved in almost every aspect of a case, he or she is often an important part of the “commoners” process.
A litigation lawyer represents clients in both civil and criminal litigation. It may be difficult to find an attorney with the expertise needed for defending a client with whom you share an intimate relationship. Many litigation lawyers work exclusively for the defense in criminal cases, while others serve as co-defendants in both civil and criminal proceedings. Hiring a knowledgeable and passionate attorney who will work exclusively for your side of the story is the best way to find a representation that is right for your case.