what kind of lawyer should i use in a litigation case

An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

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What kind of lawyer do I need for my case?

For example, say you are in danger of losing your house to foreclosure; hire a lawyer specializing in foreclosure and real estate law, perhaps bankruptcy, and the like. If you or a family member is involved in a criminal case, look to a criminal defense attorney.

Why do I need a litigation attorney?

Without a litigation attorney, not only will it be a challenge to navigate the litigation process, you will also reduce your chances of winning the case by half. On the other hand, having a litigation attorney makes the litigation process simple and increases your chances of getting a favorable outcome for your case.

What should you look for in a litigation lawyer?

You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What documents can a litigation attorney help me with?

Some of the documents that a litigation attorney might help you with include: The lawsuit process requires several pleadings and motions to be filed with the court, either on behalf of the defendant or the plaintiff. If you are the plaintiff, your litigation attorney will initiate the lawsuit by drafting and filing a complaint and a summons.

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What are the 4 types of lawyers?

Bankruptcy Lawyer. Bankruptcy lawyers are experts in the U.S. Bankruptcy Code, and handle insolvency issues for individuals or corporations. ... Business Lawyer (Corporate Lawyer) ... Constitutional Lawyer. ... Criminal Defense Lawyer. ... Employment and Labor Lawyer. ... 6. Entertainment Lawyer. ... Estate Planning Lawyer. ... Family Lawyer.More items...

What is the difference between attorney and litigator?

At base, the difference between a litigator and a trial attorney comes down to their ultimate goals in a case, or what they're aiming for: litigators aim to settle, trial attorneys aim to go to trial.

How do I know what kind of lawyer I want to be?

Here are a few questions to help you determine what type of law would be a good fit for you:How Much Do You Like to Argue?How Motivated You Are by Money?How Much Control Do You Need Over Your Work Life?How Much Interaction Do You Need With Other People?What Do You Like to Do?

What should I look for in a litigator?

The litigation lawyer must like his or her client, be likeable, enjoy a good fight, and have a burning desire to win. The successful lawyer wants to win every client, every negotiation, every dispute, every motion, every objection, every trial, and every appeal.

Is litigation the same as lawsuit?

Contrary to what you may believe, litigation is not just another word for a filed “lawsuit”. Litigation is a term used to describe legal proceedings, following the filing of a lawsuit, between two parties to enforce or defend a legal right through a Court supervised process.

What is civil litigation lawyer?

What Does a Civil Litigation Attorney Do? A litigation attorney, also referred to as a trial lawyer or litigator, represents either defendants or plaintiffs who are involved in civil disputes. These litigators will typically specialize in a particular area, such as divorce law or medical malpractice suits.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

Can my attorney go to court for me?

If you are a perpetrator of a misdemeanor, your attorney is allowed to appear in court for you. He/she may defend your rights without your presence on your behalf at all stages of your case.

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.

How do you respond to a lawsuit without a lawyer?

Writing Your Response For each point that you admit or deny, include a brief reason why. An example would be if the plaintiff alleged you never paid back a loan you've already repaid. You can include any affirmative defense at the end of these responses, such as the statute of limitations nullifying the complaint.

How can I defend myself in court without a lawyer?

If you are representing yourself in court, the following steps will help you prepare.1) Know where your courtroom is located. Once you receive your court date, take a trip and find your courtroom. ... 2) Present yourself as a business person at your hearing. ... 3) Prepare the evidence you will use in your case.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What is a litigation attorney?

Litigation attorneys, also known as litigators or trial lawyers, represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes. Tasks can vary based on the nature of the dispute, ...

What motions do litigation attorneys file?

Litigation attorneys might also draft a variety of pretrial motions, including motions to strike or dismiss evidence or to change the venue or location of the trial. They might file motions for judgments rendered on the basis of the pleadings, so no court appearance is necessary.

What is the process called when a jury is selected?

A process called voir dire begins a trial. It is the process of selecting a jury. Litigators then present their cases in court, giving opening and closing statements to the judge or jury, examining and cross-examining witnesses, and crafting their version of the case through testimony and evidence. Litigation attorneys might also conduct post-trial ...

What is the process of investigating a lawsuit?

The investigation process can include locating witnesses, taking witness statements, gathering documents, interviewing the client, and investigating the facts leading to the dispute. Litigation attorneys often engage in pre-litigation settlement discussions to attempt to resolve the matter before a lawsuit is filed.

What is the purpose of a plaintiff's case?

Litigation attorneys in a plaintiff's case often conduct an initial case investigation to determine if enough evidence exists to warrant filing a lawsuit. In a defendant's case, he'll assess what evidence exists to defend a potential or existing suit against his client.

Why can't an attorney appeal a case?

An attorney might appeal the case for her client if the trial goes badly, but he can't do so simply because she doesn't like the outcome. She must present evidence as to why the trial court's decision was wrong in some way based on issues such as certain evidence being admitted at trial when it should not have been.

Do attorneys have to pass the bar exam?

Attorneys must then pass the bar exam and be admitted to the bar in the state in which they wish to practice. It's often helpful to be admitted to the bar in neighboring states as well for a wider potential client base and increased job opportunities.

What does a criminal defense attorney do?

The attorney will counsel you, collect evidence, interview witnesses, and fight against the prosecutor to prove you innocent. A criminal defense attorney will let you know about the possible consequences. You will get an idea of different legal proceedings and prepare for them.

What is a criminal lawyer?

Criminal Lawyers. There are two types of lawyers in criminal law: a prosecutor and another is a defense lawyer. A prosecutor brings criminal cases against individuals. On the other hand, a criminal defense lawyer represents the persons who are charged with a crime.

What to do if someone infringes on your work?

If someone infringes on your work, you can consult an IP lawyer for negotiation and settlement. The IP lawyers have specialization in different law areas such as computer programming, e-commerce, the internet, etc. Since there are different types of lawyers, you need to choose the right lawyer for your legal issues.

What is a business transactional lawyer?

In a nutshell, a business transactional lawyer works as a legal advisor to ensure every aspect of your business’s legal compliance. Business litigation lawyers go to court and deal with legal proceedings. Whereas the business transaction lawyers work inside a company and do not go to court.

What does an employment lawyer do?

Helping in Compliance: The employment lawyers help the employer to comply with various laws. It includes several things, such as drafting policies, compliance with discrimination laws, maintaining environmental regulations, etc.

What is corporate lawyer?

Corporate lawyers are also known as business lawyers. They are mainly two types of business lawyers as the business law is too broad; (1) Business Litigation Lawyers, and (2) Business Transactional Lawyers. Thus, Business litigation is also known as commercial litigation that comes under civil law.

What do estate lawyers do after death?

Estate planning lawyers help you sort out the documents to transfer your savings and property to your children and loved ones after you die. Death is uncertain, and nobody knows when it will come. So what will happen to all your savings and properties after you die?

When to use a real estate attorney?

Simply put, the most common scenario to use a real estate attorney is when you buy or sell real estate. Cloud-based real estate law software assists attorneys by facilitating collaborative document management and project tracking in a seamless and secure environment.

What is a civil litigator?

The general term “civil litigator” refers to an attorney who represents clients in civil (not criminal) court, either as plaintiff or defendant. The most common kinds of civil litigation involve contract ...

What is a criminal lawyer?

Criminal lawyers are attorneys who defend individuals and organizations against government charges in federal and state courts. Criminal lawyers understand the rules around arrest, arraignment, bail, pleas, proof, and related issues. Some of the most common crimes requiring criminal lawyers include homicide, sexual battery and assault.

What is medical malpractice?

Medical Malpractice. If you’ve been hurt by a medical professional, a personal injury lawyer specializing in medical malpractice can help you seek compensation for the harm done. The most common medical malpractice cases include misdiagnosis, inaccurate treatment, and medical negligence.

What are the types of employment law cases?

Some of the most common types of cases handled by employment lawyers are contracts, wrongful termination, workplace harassment, retaliation, and workplace discrimination.

What is a workers compensation lawyer?

Workers’ compensation lawyers specialize in helping workers navigate the unique laws that apply to people who have been injured on the job. A workers’ compensation lawyer typically has a large number of cases to manage, each with its own deadlines, so look for a firm using a modern cloud-based law firm management system. The Department of Labor administers four major disability compensation programs.

What is IP attorney?

Intellectual property attorneys (“IP attorneys”) help companies, artists, and inventors with legal issues concerning copyrights, trademarks, patents, trade secrets and the like. IP attorneys spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law.

What do real estate attorneys specialize in?

Lawyers can choose to specialize in very exclusive issues related to real estate such as mineral rights, zoning issues, or eminent domain.

What is a real estate attorney?

A real estate attorney typically handles transactions related to real property including transfers of property, foreclosure, landlord-tenant law, evictions, title insurance, defects in the title to property, rights-of-ways, and property disputes. Some real estate attorneys choose to focus on residential property while others focus on high-end commercial transactions. Lawyers can choose to specialize in very exclusive issues related to real estate such as mineral rights, zoning issues, or eminent domain.

What is tax attorney?

Tax Law Attorney. Tax attorneys can choose to practice business tax law, personal tax law, or a combination of both. Tax attorneys can help clients who are facing audits, appealing decisions regarding taxes owed, defend tax liens, and work with clients to determine ways to lower their tax liability.

What are the areas of personal injury law?

Areas of personal injury law that typically require the attorney to have specialized training and experience include cases involving slander, libel, and defamation. Other specialized areas within personal injury include battery, assault, and other intentional torts.

What is personal injury attorney?

Personal injury attorneys are the punch line of many attorney jokes; however, personal injury attorneys are the men and women who help individuals and families who are facing one of the most traumatic, if not the most traumatic, event they will face during their lifetime.

What is probate law?

Estate planning and probate law covers a broad area of the practice of law related to protecting assets, planning for your death or incapacitation, and protecting dependents who are incapacitated. Some attorneys choose to specialize in estate planning — preparing for your death or incapacitation by executing documents including a will, trust agreements, powers of attorney, health care directives, and a living will.

What is a family law attorney?

A family law attorney handles cases involving marriage, divorce, adoption, child custody, domestic support obligations, property division, paternity, and reproductive rights. Family law attorneys must deal with extremely emotional situations; therefore, this area of law is not for anyone who has a difficult time remaining calm when everyone around him is falling to pieces.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is a litigation attorney?

Litigation attorneys are responsible for managing all the phases of a litigation, including activities like investigating the details of the case, gathering of evidence, interviewing of witnesses and other parties, reading depositions and analyzing pertinent information, pleadings, settlement, and the appeal process.

What does a litigator do?

They will review details about the case and come up with a strategy on how to handle the case. They will advise between settling the case out of court and letting it go to trial, depending on the specifics of the case. If you are the defendant, the litigator will assess any evidence that they can use to defend you.

What documents do litigation attorneys need?

Some of the documents that a litigation attorney might help you with include: Affidavits. Complaints.

What do you need to do after a lawsuit is accepted?

Once a lawsuit has been filed and accepted, the litigation attorney will need to wrap up the discovery phase and conduct some pre-trial activities to prepare for appearance in court.

What happens if you don't have a lawyer?

On the other hand, having a litigation attorney makes the litigation process simple and increases your chances of getting a favorable outcome for your case.

What is the consultative stage of litigation?

During this stage, your litigation attorney will spend time meeting with you and advising you. They will conduct an initial case investigation and try to find out if the available evidence is enough to file a strong suit. They will review details about the case and come up with a strategy on how to handle the case.

Why is the US so litigious?

In the last few decades, US has earned a reputation as the most “litigious society” owing to the tremendous increase in lawsuits. Today, Americans are turning to lawsuits for the resolution of even the smallest problems, from neighbor disputes to spilled hot coffee.

What is an estate planning attorney?

Another of the most common types of lawyer specialties, an estate planning attorney advises and helps clients to prepare wills, trusts, and asset distributions . These lawyers work to draft living trusts while also helping plan for the protection of your assets and savings after death. They can also help you prepare the power of attorney and health care instructions in the event that you become incapacitated and unable to speak for yourself.

What is the job of an immigration lawyer?

Immigration lawyers can help advise on visa applications, green cards, citizenship, and naturalization issues. Additionally, they can also help with employment for non-citizen and deportation.

What is personal injury law?

As one of the most common types of lawyer specialties, personal injury lawyers handle everything from car accidents to slip andamp; fall injuries, product liabilities, and medical malpractice suits. If you were injured due to an accident or another person’s negligence, hiring a personal injury lawyer is one of the best ways to pursue the legal justice that you deserve.

What is criminal defense?

Criminal defense lawyers are lawyers that focus on defending those accused of a crime. Out of all the types of lawyer specialties, this is the one you’ll want to contact if you’re facing charges of drunk driving, theft, assault, or any other type of criminal offense. They are the most familiar with criminal law and will be able to advise you on every facet of the criminal justice process. This can include the rules pertaining to arrest, bail, arraignment, and plea submission. For instance, if you’re facing a petty theft charge, a criminal defense attorney will be able to walk you through the process and defend you throughout your trial. If you’re found or plead guilty, a criminal defense attorney may even be able to lessen the punishment by working with the prosecutor to submit a plea bargain.

How to increase the chances of having a successful legal process?

To increase the chances of having a successful legal process, get a lawyer who has dealt with the cases of your nature and has won many of the matters handled. Lawyers generally have a specialty that they focus on. For some lawyers, that specialty is bankruptcy.

What to do if you have already filed a will?

If you are contemplating or have already filed legal documents related to an inheritance, your will, a new marriage, a divorce, or a professional malpractice case, you need someone to help you understand the legal steps involved in making the proper decisions.

Is divorce legal tricky?

Divorce law can be tricky to navigate and not all types of lawyer specialties will be in a position to advise you. A special ized divorce lawyer is particularly important to have if your divorce isn’t clean-cut or if there are children involved.

1. Does your lawyer have trial experience?

Does your lawyer have trial experience? If so, how many trials, bench trials, jury trials, administrative hearings and contested matters of any type has the lawyer handled and what is his or her winning percentage? If the lawyer has little experience or can’t seem to win, do you really want your business in that person’s hands?

2. Ask for a litigation budget

How much will this cost if you settle the case now and how much will it cost during the life of the lawsuit?

3. Ask for a cost-benefit analysis

What is the range of outcomes or exposure and what are the chances that they will happen? What is a likely success and what is the chance you’ll achieve that success? With this information, a budget, and monthly invoicing, you can reduce the financial surprise of litigation.

4. What are the alternatives to a trial?

Discuss the benefits of early mediation, which is a formal settlement process. Discuss the various types of arbitration, which is usually cheaper than a trial and is often quite effective, especially in business-related disputes.

5. Preserve your defenses

Discuss at the outset the defenses of personal jurisdiction and venue. Personal jurisdiction relates to limitations placed on the courts to protect you from being sued in a state where you have not done business. The venue question is similar and requires the court that has the most connection to the case or the parties to preside over the case.

6. Put your insurance carrier on notice

Even if your general liability policy does not cover contract disputes, some provide coverage for claims based on trade secrets, defamation, environmental damage, software, and malware related claims, and other non-negligence type claims. Let the insurance company evaluate whether there is coverage, even if you believe there is none.

7. Put it in writing

Insist on an engagement letter with your litigation counsel, identifying the terms and conditions of the representation, the cost of and the scope of the work to be performed, and how billing will be handled.

Education and Training

Initial Case Assessment and Investigation

Drafting Pleadings

• A variety of pleadings and motions must be filed with the court on behalf of both the plaintiff or the defendant in a lawsuit. Plaintiff attorneys will draft and file a summons and complaint to initiate the lawsuit, and defense attorneys typically draft answers and sometimes counterclaims in response to that initial complaint. Defense attorneys col...

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The Discovery Process

Pre-Trial Tasks

Trial: Almost The Final Stage

The Possibility of Settlement

The Appeals Process