Litigation occurs when someone files a civil lawsuit in court. The process often involves numerous procedures leading up to a trial before a judge and/or jury hear the case.In most cases, both sides are represented by litigation attorneys, also known as trial lawyers. These lawyers manage all phases of litigation from the investigation, pleadings, and discovery to the pre-trial, trial, settlement, and appeals processes.
The process typically begins with a consultation with a litigation attorney. This might include a case investigation to determine if there enough evidence to warrant filing a lawsuit or it might be an assessment of the evidence brought against the defendant. The investigations will include talking to witnesses about the matter, gathering relevant documents, interviewing the client, and investigating the facts that led to the dispute.
The pre-trial phase also includes the drafting of pleadings, which are then filed in court, and the discovery process. Discovery involves the exchange of all relevant information between the parties. Litigation attorneys employ a variety of discovery devices to gain this information. The goal of this phase is to get everything needed to present as strong an argument as possible and to prepare for anything that might be coming from the opposing side. Though surprises are frequently shown in TV court dramas, they are now nearly as often a part of a real-life trial.
There are instances in which the case is resolved during this pre-litigation phase and parties never make it into the courtroom. As a matter of fact, most cases never reach trial and are settled to eliminate the risk and expense of going to court. Litigation attorneys have the ability to settle a case at any time during a lawsuit. As you might get, litigation can be extremely contentious and in addition to saving money and other resources, many parties prefer to avoid the animosity that comes with litigating a dispute.
Should the case reach the courtroom, proceed to trial, litigation attorneys present the case before the judge and jury and argue in favor of their client. The goal is to convince the decision-making authority why their client’s position is correct and why he or she deserves the most favorable outcome.
Once the trial is concluded, depending on the outcome of the case, a litigation attorney might appeal the case. This triggers the process of gathering evidence to show why the court’s decision was wrong and is based on issues such as certain evidence being admitted at trial when it should not have been.
If you are involved in litigation and need assistance, Dawn Boyd can help.
She has extensive experience representing clients’ interests in pretrial and court hearings, including case investigation and legal research, preparation of pleadings and documents, conducting discovery, working with necessary agencies, and drafting memoranda and legal briefs.
She has experiences in areas of representation such as family law, property and real estate law, contracts, employment, and appeals.
For more information or to schedule a consultation to discuss your legal issue in Columbia City Indiana with Dawn, contact her at 260.244.6900.