A lawsuit is a civil action brought in a “Court” of law in which a party who claims to have incurred loss (the plaintiff) as a result of another party’s actions (the defendant) demands a “Legal remedy” . The plaintiff lodges a complaint and the “Defendant” is required to make a response. If the plaintiff succeeds in proving his case then “Judgment (law)”judgment will be in his favour and the necessary “Court order” court orders may be issued to either award damages, enforce a right or impose a permanent or temporary interdict to compel an act or prevent an act. To prevent future legal disputes a “Declaratory judgment” may where appropriate be issued.
A lawsuit may involve “Dispute resolution” of disputes of “Private law” private law nature that is between either “Individual”, non-profit organizations or “Business entity”. In appropriate circumstances a lawsuit may enable the “State (polity)”state to be treated as a a private party in a “Civil case” be it plaintiff or “Defendant” as the case may be regarding an injury, or may also provide a civil cause of action in order to enforce certain laws to the state.
It is the conduct of a lawsuit is commonly referred to as litigation. The parties (plaintiffs and defendants) are known as litigants and the attorneys representing the respective parties are called litigators. The term litigation may also be used in the context of a “Criminal procedure”/ trial.
If you are determining whether a legal matter falls within the category of litigation it is useful to take into consideration whether or not a lawsuit would solve the matter. If the response is in the negative then the case qualifies as litigation and it is in your best interests that an attorney practicing in this area be retained. However if the case presents no potential for a lawsuit, perhaps due to the fact that is no controversy or due to the fact that all of the parties are agreeing with each other then the issue cannot be described as litigation. Matters like estate planning, business formations, property sales are usually non litigation matters.
At Lawman Law Chambers there are experienced litigation attorneys, also known as “litigators” or “trial lawyers,” who are experts in representing plaintiffs and defendants in civil cases and managing all phases of the litigation process. There are a wide range of tasks that litigation attorneys undertake during the course of litigation. These tasks vary depending on the experience level of the attorney involved, the nature of the dispute in question and whether the litigation attorney is representing the interests of the plaintiff or defendant in the matter.
Initial Case Investigation/Assessment
At Lawman Law our Litigation attorneys often conduct an initial case investigation in order to determine, in the plaintiff’s case, whether there is sufficient evidence to file a lawsuit or, in the case of the defendant, whether there exists sufficient evidence to defend a potential suit. This initial investigation process, depending in the nature of the case, may include locating relevant witnesses, taking required witness statements, gathering relevant documents, interviewing clients as well as properly investigating the facts leading to the dispute. Where appropriate pre-litigation settlement discussions are often engaged in an attempt to resolve the matter before a lawsuit is filed.
Pleadings Preparation and Filing
The Litigation attorneys at Lawman Law Chambers are experienced in drafting a variety of motions and pleadings on behalf either party to a dispute. When representing the plaintiff the attorneys will draft a summons and complaint to commence the lawsuit. When representing the defendant the attorneys usually collaborate with the client to investigate the allegations forming the basis of the lawsuit and prepare sufficient responses. The Litigation attorneys can also draft a variety of motions including motions to dismiss, strike, amend etc.
This process involves the exchange of relevant information between the parties to a suit. Our attorneys are experienced in employing a wide range of discovery devices to gain information that might be relevant to the lawsuit. In cases that, for instance involves claims based on an accident, our attorneys may collect, examine and analyze physical evidence, inspect the scene. Our attorneys can also draft and argue discovery-related motions that include summary judgment motions, motions to compel and protective orders. The discovery process helps litigators gain sufficient and relevant information as well as formulate a case strategy.
Before a trial our attorneys wrap up discovery and commence trial preparation. In the pre-trial stage engage in various activities such as consulting and advising clients; retaining expert witnesses; attending pre-trial conferences and developing a trial strategy based on the acquired facts and evidence. Our attorneys are also experienced in conducting pre-trial depositions of key witnesses and experts; preparing demonstrative to be used as trial exhibits and drafting and arguing pre-trial motions.
If a case is not settled before it reaches the trial stage and proceeds to trial our attorneys get busy around the clock presenting their case before the judge or preparing for a day in court. At the trial stage of litigation our experienced litigators collaborate with clients and experts in crafting the trial theme, identifying the case’s strengths and weaknesses; developing persuasive arguments; preparing witnesses for testimony and drafting and arguing trial motions.
A majority of civil cases never reach trial but instead are settled out of court in order to eliminate the risk and expense of trial. Our attorneys can at client’s convenience settle a case at any time during the course of the litigation.
During settlement, litigators engage in various negotiations with opposing parties; participate in settlement conferences with the judge and the parties and the judge, create settlement agreements and other necessary settlement materials.
If a party does not obtain an outcome that is favorable at trial the party may appeal the case. Our attorneys can identify and preserve issues for appeal, develop strategies for appeal; gather evidence for the record on appeal, research relevant procedural issues, draft necessary documents such as notices of appeal, grounds for appeal, applications for leave to appeal; and present oral arguments before the courts of appeal.
FACT: Hiring a Lawyer Provides an Advantage Even in were disputes are small, experienced litigators can provide an upper hand for one party. In circumstances where you have been sued, or where you need to enforce your legal rights, simply hiring a lawyer may make the other party to reconsider or to think twice. And in the event that the case does proceed to litigation, your lawyer will be right there, fighting for you every step of the way all the way.