A civil litigation lawyer, sometimes called a trial lawyer, represents clients who are parties to non-criminal legal disputes. Their main job is to advocate for their client’s interests inside and outside the courtroom throughout the civil litigation process.
Suppose you or your business is involved in a legal dispute that is not a criminal matter such as a contract disagreement, personal injury case, or property damage claim. In that case, you may hire a civil litigation attorney to handle the case.
Some key things these lawyers do include:
- Gathering evidence like documents and witness statements to learn all the facts of the case
- Advising their client on their rights and options
- Trying to settle the case through negotiations before trial, if possible
- Preparing legal letters and paperwork to file with the court
- Arguing important pre-trial requests to the judge
- Building the best legal argument or case for their client
- Representing their client in court at a trial if needed
Civil litigation attorneys act as the legal representatives for individuals and businesses involved in non-criminal legal disputes. Their main goal is to advocate for their client’s position and help achieve a favorable outcome through settlement or court.
What Is Civil Litigation?
Civil litigation refers to legal proceedings between two private parties, as opposed to criminal litigation where the plaintiff is the government. Civil litigation lawyers represent clients who are parties to non-criminal disputes, most commonly involving private legal issues like contracts, personal injuries, insurance claims, family law matters, employment law issues, and business/property disputes.
The Responsibilities of a Civil Litigation Lawyer
A civil litigation lawyer has several key responsibilities:
Investigate the facts of the case
They must conduct thorough research to obtain all relevant documentation and speak to witnesses to understand the events that led to the legal dispute fully. This fact-finding process can involve filing Freedom of Information Act requests, conducting depositions, and reviewing medical or police records.
Evaluate the strengths and weaknesses of the case
The lawyer analyzes the applicable law and the facts in evidence to determine the likelihood of success at trial or the potential settlement value. They must realistically assess their client’s position and the other side’s arguments.
Pursue settlement negotiations
Most civil cases are resolved before going to trial through settlement discussions. The litigation lawyer represents their client in settlement meetings and works to obtain a fair resolution through compromise when possible.
Draft legal documents
These may include complaints or answers to initiate or respond to litigation, motions to request particular court actions, and briefs summarizing legal arguments on issues in dispute.
Argue motions in court
Litigation lawyers will frequently appear before judges to argue various non-trial motions, such as requests for evidence production or to dismiss certain claims. Winning key pre-trial rulings can significantly impact a case.
Prepare for trial
In cases that do not settle, extensive trial preparation is required. The attorney must develop a legal strategy, gather exhibits, organize witness testimony, draft an opening and closing argument, and be ready for any contingency at trial.
Present the case at trial
As an advocate, the litigation lawyer examines witnesses, objects to improper evidence, and summarizes their client’s position during opening and closing statements. The goal is to effectively tell the story to persuade the judge or jury.
Advise the client
Throughout the entire legal process, the attorney counsels their client on options, implications of decisions, and the expected outcome. Clear communication ensures informed consent at each decision point.
Key Responsibilities of a Civil Litigation Lawyer
| Responsibility | Description |
| Investigate Case Facts | Conduct research through documentation, witnesses, and records to understand events |
| Evaluate Case Strengths/Weaknesses | Analyze applicable law and evidence to assess trial/settlement prospects |
| Pursue Settlement | Represent client in negotiations to obtain compromise resolution when possible |
| Draft Legal Documents | Prepare complaints, motions, and briefs requiring precision in legal writing |
| Argue Motions in Court | Appear before judges to seek favorable pre-trial rulings impacting the case |
| Prepare for Trial | Develop strategy, gather exhibits, organize testimony, prepare arguments |
| Present Case at Trial | Examine witnesses, object to evidence, summarize client’s position |
| Advise the Client | Counsel the client on options and implications of decisions throughout the process |
Conclusion
Civil litigation lawyers play a vital role in our legal system by advocating for clients involved in non-criminal legal disputes. It is a challenging but rewarding field requiring strong research, writing, critical thinking, and advocacy abilities.
