What is a Civil Litigation Lawyer?

A civil litigation lawyer helps clients pursue or defend a civil case. Their roles and responsibilities take many forms. In this article, we’ll talk about what a civil litigation attorney does and what their expected duties are. Let’s dig into it! 

What’s Civil Litigation? 

Civil litigation is a legal process that attempts to resolve civil matters in a court of law. Unlike criminal cases, where it’s a person against the government, civil cases are disputes between people or businesses. 

Many types of disputes are considered civil cases, such as: 

• Personal injury cases
• Intellectual property disputes 
• Medical malpractice cases
• Employment or labor disputes 
• Education law cases
• Divorce-related lawsuits (a divorce lawyer handles these usually)
• Property disputes

While all of these cases typically involve money or property, a civil case may also be filed when a party wants action from another party and needs the court’s help to enforce it. 

Roles and Responsibilities of a Civil Attorney 

A civil litigation lawyer advises you on civil cases. They’ll represent you in all proceedings, including pretrial hearings, depositions, arbitration, mediation, and the trial itself. Their basic duties include: 

• Investigating facts surrounding the case
• Researching pertinent laws
• Taking part in deposition hearings 
• Filing motions
• Making court appearances on your behalf
• Drafting legal documentation
• Negotiating settlements 

In the following sections, we’ll dive deep into what a civil litigation attorney must have and should do for you as their client. 

Education Requirements 

The civil litigation lawyer must have a Juris Doctor degree earned from a law school by an accrediting institution such as the American Bar Association or the Canadian Bar Association. This involves initially earning a four-year degree and three additional years in law school. The attorney should then pass the bar exam and be admitted to the bar in the state or province in which they aim to practice.

Cases Assessment and Investigation

Litigation attorneys have differing roles between plaintiff and defendant cases. For the plaintiff’s case, their role is to perform an initial investigation to see whether enough evidence exists to warrant a lawsuit. Meanwhile, for the defendant’s case, the litigation lawyer assesses what evidence is there to effectively defend the client. 

In both cases, the lawyer may have to locate witnesses, take statements, gather documents, interview the client, and scrutinize facts that lead to the dispute. Most of the time, litigation attorneys participate in pre-litigation and settlement meetings to resolve the dispute before a lawsuit is filed. 

Drafting and Filing Pleads 

Civil litigation lawyers are also responsible for drafting and filing a variety of pleads on behalf of the plaintiff and defendant. 

Plaintiff attorneys may draft and file a summons and complaint at the initiation of the lawsuit. Meanwhile, defense attorneys may draft answers and counterclaims in response to the initial complaint. 

Moreover, litigation lawyers may also file pretrial motions, such as motions to strike or dismiss evidence. In other cases, they may file motions for judgments based on the pleadings. In such a case, no court appearance is necessary. 

Exchanging Information

Before the trial, litigation attorneys from both sides engage in a discovery process. They use a variety of methods to exchange information, such as the following: 

• Interrogatories: written questions that the other party must answer also in writing and under warning of perjury. 
• Depositions: involve oral questions presented by the attorneys and must be answered under oath. 
• Requests for Documents: each party may request documents that the other party holds. 
• Requests for Admission: parties may ask each other to admit or deny aspects of the case in writing and under oath. 

Civil litigation attorneys may also examine physical evidence and collect, process, and evaluate information gathered during the discovery process. They often hire third-party experts to provide this service. The experts may then submit reports that can be used at trial.

These processes help attorneys gain relevant information about the case. More importantly, these are helpful ways to identify issues in their case and create an effective strategy. 

During the Pre-Trial 

The pre-trial stage, or the weeks leading up to the trial itself, are spent wrapping up discovery materials. The parties prepare for court by discussing with their clients, retaining key witnesses, and developing trial strategies. Pre-trial depositions are also normal during this time. The parties prepare the evidence they’ll use. 

The Trial Itself 

Civil litigation attorneys are busiest when the case goes to court. Their responsibility revolves around presenting their case to the judge and preparing for the next day in court. During this time, they may collaborate with experts and the client to come up with a trial theme. They find the strengths and weaknesses of the other party’s case to develop effective arguments and counterarguments. 

Their work also involves giving opening and closing statements to the judge or jury. They may examine and cross-examine witnesses while crafting their case through testimony and additional evidence. 

Settlements 

Litigation attorneys are also responsible for crafting a settlement agreement for the parties. Around 97% of civil cases don’t go to court. That’s because settlements eliminate the risks and expenses of a court trial. Both parties can opt for a settlement at any time during the lawsuit process. To seal the deal, they may create settlement brochures, agreements, or releases to make the settlement official. 

Appeals 

If your trial goes badly, you have the choice to file an appeal. However, there must be evidence as to why you believe the court’s decision is wrong.

Once that evidence is secured, the civil litigation attorney can draft post-trial motions. Their job here includes:

• Finding and preserving issues for appeal
• Developing appellate strategies
• Researching procedural issues
• Drafting appellate documents
• Presenting oral arguments on appellate courts

 

If the case is complex, litigating attorneys may seek the help of attorneys who have expertise in appellate practice. 

Costs and Fee Structures 

The cost of hiring a civil attorney depends on many factors, such as: 

• Location
• Area of practice
• Case difficulty
• Case length
• Attorney experience

Their fee structures may also differ. Common forms are hourly rates, flat fees, retainer fees, and contingency-based fees.