When you’re looking to hire a lawyer, it can be confusing to decide what type of lawyer you need. Litigation lawyers, often called trial lawyers, specialize in asserting or defending client rights in the courtroom. However, they handle much more beyond courtroom arguments.
In this article, we explain what a litigation lawyer does and when you should consider hiring one.
What Is a Litigation Lawyer?
A litigation lawyer is a lawyer who represents clients during litigation, which is a legal process through which parties seek to enforce a right. While litigation lawyers also work outside of the courtroom, their primary role involves preparing cases for trial.
Litigation Lawyer Meaning Example
One common area handled by litigation lawyers is personal injury law. If you have been injured in a car accident because another driver was driving unsafely, a car accident litigation lawyer would help you assert your rights to compensation. This includes informal case preparation and negotiation, and may also include representing your interests in a court trial.
Types of Litigation Lawyers
Litigation lawyers usually specialize in one area of law. Some of the areas where you will find litigation lawyers working include:
- Personal injury. Includes advocating for victims who have been injured by the intentional or negligent acts of others. Common case types include those involving car accident laws, medical malpractice, and premises liability (such as a slip and fall incident).
- Criminal defense. These lawyers represent clients accused of crimes. Their purpose is to defend their clients in court against charges brought by the state or federal government.
- Business disputes. When disagreements arise over contracts or intellectual property, litigation lawyers step in to compel performance or seek compensation for breach of a legal agreement.
- Family law. Litigation lawyers practicing family law help individual clients working through divorce and child custody arrangements.
- Employment law. Employment litigation is used to resolve workplace issues like discrimination or harassment. It’s also common in wrongful termination or improper denial of benefits cases.
What Does a Litigation Attorney Do?
You may be picturing a courtroom drama when you imagine the daily work of a litigation attorney. While they do handle trials, litigation attorneys handle much more behind the scenes.
Here are some examples of the work they perform.
- Case investigation. Before a lawyer can argue your case, they have to gather evidence. This might include interviewing witnesses, reviewing documents like police reports or medical records, or consulting experts.
- Drafting pleadings and motions. The formal documents a litigation attorney files on your behalf with the court art called pleadings or motions. Pleadings lay out the purpose of your case, such as a complaint that states the rights you are asserting. A motion asks the court to do something, such as exclude evidence or dismiss a case.
- Discovery. This process occurs before a trial and is a formal way for the parties to share information and evidence. A litigation lawyer might take a formal interview of a witness, called a deposition. There are also formal demands for information and responses that are sent between the parties.
- Negotiation and settlement. Many cases never go to trial. Depending on what the evidence shows, parties often choose to settle disputes outside of court. A litigation lawyer will advocate to achieve the best resolution for their client.
- Trial. When cases do go to trial, this is when litigation lawyers advocate in the courtroom before a judge or jury. Litigation attorneys work through jury selection, make opening and closing statements, and examine witnesses during a trial.
What Kind of Cases Does a Litigation Lawyer Handle?
From defending a client from criminal DUI charges to advocating for compensation in a dog bite case, litigation lawyers can cover a lot of ground. Most lawyers prefer to focus on one or two of the following major case types.
Civil Cases
A civil litigation attorney handles cases where one party is seeking legal relief from another party. For example, in personal injury cases a plaintiff seeks compensation for their injuries caused by the defendant’s actions or negligence. These types of cases do not involve criminal charges or the potential for jail sentences.
Criminal Cases
Criminal litigation cases are trials to determine the guilt or innocence of a person accused of committing a crime. Criminal cases include charges at all levels, from minor misdemeanors to felonies. Criminal litigation may result in administrative fines or impose jail time.
Class Actions
These cases involve representing many plaintiffs who wish to assert similar rights. For example, manufacturers of a foam product used in fire fighting called AFFF are facing class action lawsuits filed on behalf of firefighters who have suffered health problems after they were exposed to chemicals in AFFF.
Mass Torts
Mass torts cases are individual lawsuits that courts group together to make hearing all of the claims more efficient. Each case is still treated individually, but lawyers may need to coordinate or at least stay on top of what is going on in the broader multi district litigation. An example of mass torts cases can be found in the 3M earplugs litigation.
When Should You Hire a Litigation Lawyer?
Not every disagreement needs a lawyer. It’s common to wonder whether a lawyer can help you. For example, many people wonder whether it’s worthwhile to hire a lawyer for a car accident. Before you hire a lawyer, consider whether your case involves substantial damages. If you are facing large medical bills after an injury, or face losing a large amount of money over a dispute, then a litigation lawyer can probably help.
Litigation lawyers provide assistance even before cases go to trial. Settlement negotiations often proceed more smoothly when handled by litigation lawyers. In fact, the Insurance Research Council published research that indicates plaintiffs represented by a personal injury lawyer receive settlements 3.5 times higher than those who settle without a lawyer.
