Posted on: 6 July 2020
The idea that your attorney might encourage you to hire a civil litigation lawyer can seem a little strange to someone outside the legal world. After all, shouldn't your attorney be able to handle a trial? There are several good reasons why this isn't the case so let's take a look at them.
1. Most Civil Attorneys Don't Do Trials
For the majority of lawyers, going to court to deal with civil litigation is not part of the job description. Unlike what's shown on TV or in movies, your average civil attorney is dealing with things like registrations, contracts, and other types of paperwork most of the time. When they're not doing those things, they're typically involved in negotiations or research on behalf of clients.
Suppose someone is dealing with the details of a business contract. In the vast majority of scenarios, the job is about doing the small things right so big things, like litigation, won't be necessary. However, litigation eventually becomes necessary either because someone else sued or your side needed to enforce something from the contract. This probably isn't your attorney's arena, and that's when they'll tell you to talk with a civil litigation lawyer.
2. Does Your Attorney Go Away?
Most likely, your attorney will still be involved with the case. They'll probably have to supply the litigator with paperwork and bring them up to speed on what's happening. In some instances, they may also have to explain the intent of specific clauses from agreements. When the other side files for discovery, your attorney will usually have to hunt all of the requested materials down, too.
3. What Does the Litigation Lawyer Do?
Given that most cases still end up settling, the bulk of the work usually involves sending filings to the court and other parties. They may depose witnesses, file discovery requests, and submit motions to the court. If going through all those steps doesn't shake anything loose, then a trial may be necessary. Your civil litigation lawyer will represent you at hearings, and they'll also handle jury selection. Even at this point, though, there's a decent chance both sides will arrive at a settlement.
Supposing both sides remain ready to fight, they will eventually get to a trial. The litigator will present your side's arguments, handle motions to the court, and interview witnesses. You'll then await the outcome of the trial in the form of a verdict from a judge or jury, depending on the type of trial.Share