The Duties of a Litigation Lawyer

Posted by Armstrong Louis on September 28th, 2018

Litigation lawyers act as representatives of defendants and plaintiffs in a wide variety of lawsuits. They generally manage all phases of the filing and pursuing a lawsuit. Litigation attorneys will also guide you in determining if the case should be taken to the court or settled outside the courtroom.

When you need to file a lawsuit, or are dealing with one, it might be possible that you find yourself lost. In such a case, it is best to consult with litigation lawyers in Cape Town. The expertise of a litigation lawyer will help you go through an otherwise complicated process of a lawsuit, easily.

(Information Credit – http://setonsmithlaw.co.za/services/)

To guide you through complicated lawsuits, litigation lawyers perform the following duties:-1.

1. Conducting primary investigation and assessing the case – Litigation Attorneys need to conduct a primary investigation to get a grasp of the case and the available evidence to conclude if the case should be pursued or not. This process involves meeting witnesses and taking their statements, gathering pieces of evidence and other documents, investigating the facts and interviewing the client.

 2. Drafting Pleas – There are a variety of pleadings that need to be filed by both defendants and plaintiffs. While the lawyer working for the plaintiff will be responsible for drafting the original complaint, a lawyer working for the defendant will need to draft answers to the accusations against him. Litigation Lawyers also draft motions for the case. These could be motions to dismiss the case or particular evidence or to change the venue of the hearing.

 3. Formulating Case Strategy and Preparing for Trial – After the lawyer has taken up the case, further investigation is conducted to gather evidence from different sources. It also involves the exchange of information between the parties involved. After the attorney has collected evidence, they are analysed to formulate a strategy for the case. It also involves the preparation of evidence and document that need to be carried to the court. The attorney guides the client for the proceedings of the court.

 4. Execution of the Trial and reaching a settlement – The litigator presents the case in front of the jury or the judge.  In certain cases, post-trial interviews are also conducted by the lawyer. While most cases are settled outside court, in the event that a case goes for trial, litigation lawyers engage in negotiations and participate in conferences with the judge. This ensures that a result or settlement is achieved at the earliest.

5. Appealing for the client – In the event that the judge decides against their client, the attorneys initiate an appeal process. The appeal claims that the decision was poorly taken and thus, the case should be reviewed by a different judge. Focusing on strengthening the weaker sections of the case, the litigation again sets out to convince the new judge.

A litigation lawyer will guide through the lawsuit from top to bottom. With their expertise in procedural tricks and vast knowledge of the laws and provinces, a litigation lawyer will put you in the best position to win your lawsuit.