The role and duty of the civil litigation lawyer

Also known as a trial attorney, a civil litigation lawyer represents both plaintiffs and defendants in civil cases. Civil lawyers handle non-criminal litigation, as opposed to criminal lawyers who work on criminal charges. 

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Civil litigation lawyers manage all the stages of the litigation process. These steps are the initial case assessment, pleadings, discovery, pre-trial, trial, settlement, and appeal. Most civil litigation lawyers work for long hours, especially during the discovery phase of a case. In fact, according to statistics from the Bureau of Labor Statistics, about 37 percent of civil litigation attorneys work 50 hours or longer per week. 

The tasks they take vary, depending on the attorneys’ level of experience, the nature of the dispute, and whether they are representing the plaintiff or the defendant. However, before the lawsuit is formally filed, litigation lawyers often discuss the possibilities of pre-litigation settlement to resolve the matter without even reaching the court. 

Both the preparation of pertinent paperwork and engaging in legwork are the civil litigation lawyer’s job. Whether it’s still the preparatory investigation stage, in the drafting of pleadings, or the meticulous needs of the discovery phase. 

Usually, the longest phase of the litigation process is the discovery, as it requires a thorough search and collation of all relevant testimonies and evidence. The civil litigation attorney must closely examine these data as well as conduct various interviews of witnesses. 

During the trial proper, the litigation lawyer works closely with the client and experts to identify the case’s strengths and weaknesses, deliver convincing arguments and argue any trial motion. If the verdict does not favor the client, he or she can appeal the case and work with post-trial motions.

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Joe Tacopina is the founder and Managing Partner of Tacopina & Seigel. Having tried more than 80 cases by the age of 42, Mr. Tacopina earned praises from the media calling him 'the hottest young criminal defense lawyer.' For similar reads, visit this blog.