how to work with a lawyer on civil litigation

by Ima Langworth II 4 min read

First, people need to make sure that their civil litigation lawyer specializes in the subfield that is relevant for their particular case. For example, if they are about to get involved in a divorce, it makes no sense for them to get the assistance of a personal injury lawyer and vice versa.

Full Answer

How do I become a civil litigation lawyer?

To become a civil litigation lawyer, one must obtain a bachelor’s degree, take the Law School Admission Test (LSAT), and then attend law school to receive a Juris Doctorate (J.D.) degree.

What does a civil litigation lawyer do?

A civil litigation lawyer represents the plaintiff (the party that initiated the lawsuit) or the defendant (the party accused of wrongdoing) throughout the legal proceedings. Read on to learn more about the civil litigation lawyer.

How do I pursue civil litigation against another person?

If you are interested in pursuing civil litigation against another person, you must first consult with an attorney to understand the process. The attorney will help you determine whether or not you have a solid case, and what the best process is to start building that case. Once you decide to move forward, the next step is the investigation.

How can clients contribute to the litigation process?

A positive result in litigation is nearly always the product of teamwork. By using a team approach, clients and legal counsel can adopt the litigation strategy that best suits the clients’ risk tolerance and overall business objectives. Clients contribute by providing business expertise and knowledge of the facts.

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How does a civil litigation attorney work?

Where a civil litigation attorney works depends on the clients he or she represents. Generally, attorneys that represent individual people have a solo practice, or work for a small private firm with more than one attorney. If representing large companies, the lawyer is likely to be employed by a large law firm.

Who does a civil litigation lawyer represent?

A civil litigation lawyer represents the plaintiff (the party that initiated the lawsuit) or the defendant (the party accused of wrongdoing) throughout the legal proceedings. Read on to learn more about the civil litigation lawyer.

What to ask before hiring a civil litigation attorney?

Before hiring a civil litigation attorney, it is important to inquire about the fees that will be related to the case. For instance, if the lawyer charges by the hour, ask if there are additional fees for services such as copying, using a courier, or travel.

What is civil litigation?

Civil litigation, sometimes referred to as a “ civil lawsuit ,” is a legal process in which individuals, businesses, and other entities hold another party liable for some type of wrong. ­­Generally, if a person is successful, he or she will be awarded some type of compensation. A civil litigation lawyer represents the plaintiff (the party that initiated the lawsuit) or the defendant (the party accused of wrongdoing) throughout the legal proceedings. Read on to learn more about the civil litigation lawyer.

How much will civil litigation grow in 2026?

The civil litigation field of law is predicted to grow at a rate of 8% by 2026. As with most occupations, as more students obtain a degree, the competition for jobs is increasing.

What is the job of a special interest lawyer?

An attorney can also work as a government counsel, to help write and interpret laws, or as a special interest lawyer to represent clients in cases considered to be in the public’s best interest. A special interest lawyer may work with a charitable organization, educational institution, or international organization.

What is civil law?

Civil law is the body of law that defines and regulates the rights of citizens and groups, and also allows for legal remedies. Governed by state and federal statute, civil litigation covers a broad range of disputes and, in general, civil litigation lawyers specialize in one or two specific areas of practice.

What Does a Civil Litigation Lawyer Do?

Civil litigation lawyers can have a wide range of responsibilities. For example, most people will be most familiar with them in the context of representing either the plaintiff or the defendant in the courtroom for the sake of ensuring the best possible outcomes for their client under the circumstances.

Why Are Civil Litigation Lawyers So Important?

Theoretically, people who become involved in a civil case might want to represent themselves. However, this tends to be a bad idea, not least because chances are good that they don’t have the expertise and experience needed to represent themselves in the best manner.

How Can You Choose the Right Civil Litigation Lawyer?

With that said, choosing the right civil litigation lawyer isn’t actually that different from choosing any other kind of service provider. However, since civil cases can come with such enormous consequences, interested individuals need to put a corresponding degree of time and effort into the selection process as well.

What is civil litigation?

A civil litigation lawyer is a highly specialized professional who has undergone years of training to help clients with their cases. An attorney must receive undergraduate and graduate education and pass certification in order to become an attorney.

Can an attorney work for another law firm?

When an attorney is just starting in the field, they often work for another law firm. As they become more experienced, an attorney may open their own law firm. A civil litigation lawyer often works in their own office. In their office they may meet with clients or spend time researching cases that they currently have.

What are the steps of civil litigation?

Civil lawsuits generally proceed through distinct steps: pleadings, discovery, trial, and possibly an appeal. However, parties can halt this process by voluntarily settling at any time.

What is the term for the document that each party provides to the judge before trial?

Trial: Immediately before trial, each party provides to the judge a document, called a “brief,” that outlines the arguments and evidence to be used at trial.

What is a complaint in court?

The Complaint: Litigation begins when the plaintiff files a complaint with the court and formally delivers a copy to the defendant. The complaint describes what the defendant did (or failed to do) that caused harm to the plaintiff and the legal basis for holding the defendant responsible for that harm.

How do you obtain information from a witness?

Another key method of obtaining information is to conduct depositions, in which witnesses are questioned under oath by the parties’ attorneys and the witnesses’ answers are recorded by a court reporter. Depositions are used to learn more about the facts of a case and about what the different witnesses contend happened.

Why do you challenge a jury verdict?

Errors of law committed by the trial court or a jury’s disregard of law or evidence are common reasons for challenging a jury’s verdict. A motion for judgment notwithstanding the verdict asks the court to disregard the jury’s verdict and enter a different decision.

What is a motion for summary judgment?

Some motions, such as a motion for summary judgment, which asks the court to dismiss part or all of a plaintiff’s case or a defendant’s defense, dispose of issues without trial. Other motions might ask the court to order a party to produce documents or to exclude evidence from trial.

What is the longest part of a lawsuit?

Discovery: Discovery is usually the longest part of the case. It begins soon after a lawsuit is filed and often does not stop until shortly before trial. During discovery, the parties ask each other and third parties for information about the facts and issues of the case.

What do I need to know about civil litigation?

Apart from having a good civil litigation attorney at your side, you need to put in the work yourself, if you want to reach the desired goal in court.

Can you win a trial alone?

To win any case and get the deserved results from your trial, no one can do it alone – but many have certainly tried! Gambling with something like this is never a good idea, so getting an attorney is a must, but also getting the right kind of attorney is more important!

What is civil litigation?

Civil litigation is a legal dispute between two or more parties that, usually, seek economic damages or specific performance [1], rather than criminal sanctions. Lawyers specialising in civil litigation are known as ‘litigators’. Litigators represent parties in federal, state and local courts, tribunals, arbitrations and mediations.

What is litigation in law?

Litigation begin s the moment someone decides to formally enforce or defend their legal rights. Certain areas of litigation have evolved to become specialised, such as environmental law, family law, criminal law and personal injuries law.

What is the first step in legal proceedings?

The first step in legal proceedings is filing of a Claim and/or Statement of Claim by a plaintiff in a court. The ‘plaintiff’ is the term usually used to describe a party starting a claim. After the Claim has been filed the plaintiff then has to serve it on the other party, usually referred to as a ‘defendant’.

What can you do after a defendant serves a claim?

After the service of the Claim the defendant can either: Dispute the Claim; or. Accept the Claim; or. Dispute some of the Claim, but accept a part of it; or. Claim a set-off or counterclaim. The Defence once filed is served on the plaintiff. The plaintiff’s address for service can be found in the Claim.

What is civil claim?

Civil claims arise out of disputes between two or more legal entities such as people, companies, governments etc. These claims usually follow certain steps, such as making a demand to pay money, fulfil a promise or rectify a broken agreement. If the demand is not met, a claimant usually proceeds with litigating a matter in a court or tribunal.

What happens when you file a claim in a wrong jurisdiction?

Different courts or tribunals have different jurisdictions and filing proceedings in a wrong jurisdiction can result in litigation proceedings being suspended, additional costs and other complications. The first step in legal proceedings is filing of a Claim and/or Statement of Claim by a plaintiff in a court.

Who is a Litigation Lawyer?

A Litigation Lawyer, also known as a Litigation Attorney, represents a client in court or in legal proceedings before a judge by defending them. A Litigation Lawyer’s job is to conduct legal research, prepare legal documents, and present the case to the court. They are needed to make several court appearances and to deal with civil issues.

Roles and responsibilities of a Litigation Lawyer

The type of the issue, the attorney’s experience, and whether he is representing the plaintiff or the defendant* all influence the tasks. A litigation lawyer’s typical functions and responsibilities are as follows:

Eligibility to become a Legal Associate

Certain requirements must be met in order to be considered for the position of Litigation Lawyer. The educational requirements, work experience, and skills needed to be a Litigation Lawyer are listed below.

Advantages of Being a Litigation Lawyer

The following are the benefits of choosing a career as a Litigation lawyer, have a look!

Courses to Become a Litigation Lawyer

The list below offers all of the required information about the courses and the fees that a person interested in pursuing a career as a Litigation Lawyer should consider.

Litigation Lawyer: Job Roles, Career Opportunities & Salary Trends

The following are the various job profiles that a Litigation Lawyer can pursue such as :

Salary of a Litigation Lawyer

The average income for a Legal associate is roughly INR 4.9 lakhs per year; while the entry-level salary could be around INR 1.5 lakhs, median-sized salary around INR 4.2 lakhs, and a senior-level legal associate can earn up to INR 6 lakhs per year.

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Common Types of Civil Litigation

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Many different types of legal disputes fall under the auspices of civil litigation. For example, if a landlord and tenant have a dispute that goes to court, or if neighbors face a property battle, these are examples of civil litigation. Other common types include: 1. Personal injury cases 2. Intellectual property disputes 3. Medical malpr…
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Common Steps in A Civil Law Case

  • While every civil law case is unique, each makes their way through a series of steps.If you are interested in pursuing civil litigation against another person, you must first consult with an attorney to understand the process. The attorney will help you determine whether or not you have a solid case, and what the best process is to start building that case. Once you decide to move f…
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What Is A Lawyer’S Role?

  • In civil litigation, the attorney’s role is multi-faceted. At the initial consultation, the attorney helps an individual determine if their case has merit or if they have the standing to fight against accusations brought against them. If the case moves forward, the attorney begins the tedious process of gathering evidence and interviewing people ab...
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Pleadings

Discovery

  • Thorough case preparation is critical to any successful litigation. Discovery is the method by which parties gather relevant information from each other or from third parties. Research of the law, document review and organization, and witness interviews help clients and their lawyers assess the merits of claims and defenses. The extent to which these and other steps are neede…
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Trial

  • At trial, the parties present evidence in support of their claims or defenses to a jury and/or judge. Trial:Immediately before trial, each party provides to the judge a document, called a “brief,” that outlines the arguments and evidence to be used at trial. Some trials, known as “bench trials,” do not involve a jury and are decided by the judge alone. Other trials are jury trials. In a jury trial, bot…
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Appeal

  • Following trial, a party dissatisfied with the result may appeal. During an appeal, a party asks a higher court to review the trial court proceeding. The parties present their arguments in briefs, which are submitted to the appellate court along with the record of evidence from the trial court. The appellate court usually reviews a case for legal error only. Except under unusual circumstan…
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Alternatives to Litigation

  • Alternatives to litigation usually save time and expense, but they may not result in a final resolution of the dispute. The desirability of these alternatives should be evaluated early to allow their timely implementation. Settlement: It is generally wise at the outset of any litigation proceeding to review the potential for an out-of-court settlement. Indeed, most matters settle be…
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Teamwork

  • A positive result in litigation is nearly always the product of teamwork. By using a team approach, clients and legal counsel can adopt the litigation strategy that best suits the clients’ risk tolerance and overall business objectives. Clients contribute by providing business expertise and knowledge of the facts. Legal counsel, meanwhile, provide ...
See more on stoel.com

About Us

  • We hope you find this description of the basic litigation process helpful. Consistently ranked among the best in their regions of practice by leading legal researchers Chambers and Partners and U.S. News – Best Lawyers®, Stoel Rives litigators have experience with virtually all aspects of business litigation, including labor and employment, commercial contract, product and tort liabili…
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