Litigation attorneys, also called litigators or trial lawyers are the kind of attorneys that represent plaintiffs or defendants in civil lawsuits through the process of litigation. These attorneys have vast knowledge in civil law, which places them in a position to get the best deal for their clients in a lawsuit. When one needs the most experienced litigation attorney New Jersey is the place to consider visiting. New Jersey is home to several litigators who have won some of the greatest cases in the history of the country.
Several steps are involved in trials, and clients depend on their litigators for information. Major steps include settlements, appeals, trials, pre-trials, pleadings, investigations, and discovery. The processes follow a specific order. Each process has duties and responsibilities for the lawyer as discussed in the following paragraphs.
The investigation phase comes first in a litigation process and the trial lawyer has to examine facts involved in the dispute. Facts are examined to determine if they are consistent, sincere, or sufficient. Witnesses are located and questioned, clients are interviewed, and documents are collected. The pleadings phase follows the investigation phase. This phase involves drafting pleadings in the place of the client. Possible responses are also prepared if the client is a defendant.
The third stage is called the discovery phase, and it entails exchange of information among relevant parties. Discovery involves use of various devices to gain knowledge vital to the case. Depositions, interrogatories, and requests for production and/or admission are just a few among the devices that may be used by a litigator. Examination of physical evidence and crime scenes is allowed too. All information collected through e-discovery is processed and analyzed at this stage.
Sufficient time for preparation is normally allowed between discovery and pre-trials. At this stage, litigators and clients collaborate closely and consult each other. All necessary conferences are attended, expert witnesses are retained, and trial strategies are formulated. Trial lawyers are also supposed to depose all witnesses who the opponent relies on to win the suit. Lastly, they draft motions for the stage and attend conferences.
Trial is a stage that most litigators try to avoid, as a strategy of saving time and resources that it takes. However, is a case makes it to trial, litigators become more aggressive and spend more time doing a thorough preparation. They craft trial themes in collaboration with clients and identify areas of weakness and strengths in the case. They also prepare witnesses who will be testifying and draft and argue motions involved in the trial.
Settlement process helps to prevent cases from reaching the trial stage. Settlement agreement can be reached between the two parties along the way during any phase. The litigator has the duty of negotiating with the opponent and attending settlement and mediation conferences, which normally involve a judge. They also come up with all material needed for the settlement to go through such as settlement brochures, agreements, and releases.
A litigator can also appeal if they feel that the outcome at trial was not favorable. They do so by drafting post-trial motions and developing strategies for the appeal process. For very complex cases, the litigator may seek assistance from more specialized attorneys.
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