If you find yourself with a lawsuit on your hands, or you are looking to take legal action against someone, you are in the process of litigation.
Lawsuits are useful tools to resolve many different disputes legally ranging from injury to monetary loss. But they are also complex and stressful, which is where having a professional comes into play.
A litigation lawyer is a lawyer who handles your case and represents you in court once a lawsuit has been filed. They can also represent someone who has been arrested and is facing criminal charges.
A litigator needs to be familiar with all local civil and criminal procedures in the jurisdiction that they practice. You particularly want one who has experience in the field which you are dealing with in your lawsuit. This will ensure that you have the best possible representation.
When a litigation lawyer is assigned a case, they have to conduct a legal evaluation of it. They will review the facts of the lawsuit and request any additional documents needed such as medical records or employee files (depending on what the case is about). The lawyer will compile a list of witnesses for depositions and for testimony if the case goes to court, and will also get legal experts such as doctors, investigators and criminal analysts if necessary.
It is also the litigation lawyer’s job to draft and file all legal documents during the litigation process and to prepare documents in case the matter goes to trial.
Litigation lawyers do have a duty to try to settle the matter outside of court by mediating and coming to a reasonable agreement between both parties. However, if this is not possible then the case will be heard by a judge. If the lawyer is not satisfied with the outcome, they are able to file an appeal.
When the case is settled, the litigation lawyer will draft a settlement agreement for the parties. This agreement summarises the facts of the case and the terms of settlement. Once the settlement agreement is signed by both parties, the case is resolved.
If you have a lawsuit you need settled, or you are thinking about filing a lawsuit, give us at Elmassian Lawyers a call on 02 9958 2407 or emailing info@elmassianlawyers.com.au. We are litigation specialists who can help you with all legal cases.