What Do Litigators Do?
Having a clear understanding of the role and responsibilities of a litigator, commonly known as a trial lawyer, can be invaluable. Whether you are a budding law student, a defendant in a lawsuit, or an individual simply interested in law, you may find yourself wondering, ‘what do litigators do?’.
At the most basic level, a litigator represents plaintiffs and defendants in civil lawsuits. They manage all phases of litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes. Their roles can vary significantly, though they primarily revolve around taking legal action against people and organisations.
The initial stage, the investigation phase, involves the gathering of important and relevant data. This is where litigators identify their clients’ needs and obtain information about the issue at hand from both their client and from other sources. They may conduct interviews and gather evidence to build their case. In cases involving intricate fields like real estate, for instance, the research can be detailed and demanding. For example, they could find themselves drawn into cases revolving around building defect lawyers Newcastle.
Following the investigation phase, the litigator initiates the litigation process by filing or answering a complaint. This stage is referred to as the pleading phase. Here, the litigator outlines the case on paper, making clear the stance of the defendant or the plaintiff. They state the facts of the case, the legal basis for demanding a relief, and any legal defences. Some litigators specialise further in specific litigation areas, such as those involving building defect cases, hence the term building defect lawyers Newcastle.
After the pleading, the discovery phase commences – the longest phase of litigation. Litigators exchange relevant information with the opposing side. This process, called “discovery,” uses testimonies, interrogatories, and documents to obtain a detailed understanding of the case. Discovery can last from a few months to several years, depending on the complexity of the case and the willingness of parties to cooperate.
The next phase sees the litigator engage in pre-trial tasks, which include developing a strategy based on the facts identified during discovery, retaining expert witnesses, and discussing the case with the client to determine the most suitable course of action.
Following the pre-trial phase is the trial itself. This part is usually the most recognisable role, as litigators represent their clients, present arguments, and strive to convince the jury or judge. The litigator’s role in this phase includes presenting evidence, cross-examining witnesses, and making opening and closing statements. Litigators need to have exceptional persuasion skills as they attempt to sway the verdict in their client’s favour.
Sometimes, the need for appeal arises after the trial. An appeal is basically a request to a higher court by the losing party to review the decision made by a lower court. The litigator may continue to represent their client during the appeal process.
In conclusion, whether they are corporate litigators, criminal litigators, or building defect lawyers Newcastle, these legal professionals play a crucial role in representing their clients’ interests in a vast array of disputes. Their work is demanding, exhaustive, and critical in seeking justice and resolving conflicts through the court system.