Who is a litigation lawyer?
Lawyers who argue the litigation cases in the law court are responsible for handling the tasks of legal researching, legal writing and discovery to construct a case. A lawyer who deals with the litigation matters and spans across many sections of law such as civil section, criminal section, human rights section and real estate section is called a litigation lawyer.
When the client has the legal complaint then the lawyer dealing with the litigation issues determines whether the legal suit is based on the legal facts or not and then takes up the brief of the client. Again the lawyer checks the complaint and if he/she finds that the complaint is valid then he/she begins the process of litigation in the court of law.
How does the lawyer who deals with the litigation issues work?
A lawyer who is dealing with the litigation issues commences the process by carrying out the discovery and tries to unravel the main facts involved in the legal suit in order to obtain more information to construct the legal case. From here the complaint is filed with the court of law and then the litigation begins. Legal investigation and legal writing assists the lawyer dealing in litigation to build the legal case successfully and finally the legal complaint is taken up and presented before the court of law.
What are the types of litigation?
There are two types of litigations: First is civil litigation and second is criminal litigation.
A lawyer dealing with the civil litigation suit holds the authority of presenting and arguing the civil cases in the court of law. Civil cases are constructed on the law of torts. Civil suits are nothing but the civil wrong doings. The main job of the lawyer dealing with the civil litigation suit is to justify the facts of the law suit as presented by the client in the court of law.
A lawyer dealing with the criminal litigation suit defends the person who is charged with committing of criminal offence in the court of law. If the lawyer is defending the person who is charged with a committing a criminal offence, it is the lawyer’s duty to prove the innocence of his/her client in the law court. If the lawyer is prosecuting it is the responsibility of the lawyer to prove in the court of law that the criminal act was committed by the defendant. Also it is the duty of the lawyer dealing with the criminal litigation suit to appeal to the court of law to reduce the punishment or the term of imprisonment of the client.
Educational qualifications required by the lawyer who handles the litigation suits
- It is compulsory to complete a four year degree in any discipline before sending an application for the admission to the law college
- It is of added advantage to complete the graduation or post graduation in law with specialization in the subjects like civil litigation, labor problems and law of torts
- It is mandatory for a student who has completed the graduation from a recognized institute to appear for the Law School Admission Test (LSAT) in order to get admission into the law school or university of law recognized by American Bar Association.
- After getting a degree in law from a law college recognized by the American Bar Association, the law graduate must appear for the state bar examination(from which the law graduate has obtained the law degree )taken by the respective state bar association in order to become a lawyer who deals in the matter of litigation activities
- After clearing the state bar exams the law graduate gets the license to practice law court
Skills required by the lawyer who handles the litigation suits
- A lawyer who is dealing with the litigation suits must have the ability to quickly grasp new and complicated concepts and the new amendments taking place in the field of law
- A lawyer carrying out the litigation activities must have good knowledge of administrative and public laws that includes knowledge of human right issues and judicial review
- A lawyer dealing with litigation cases must have a working knowledge of consumer laws and competition laws
- A lawyer dealing with the litigation activity must have a good grasp of the rules of evidence
- A lawyer dealing with the litigation suits must possess good leadership qualities in order to ensure that the litigation activities are carried out clearly and effectively in the court of law
Job responsibilities of the lawyer dealing with the litigation cases
- A lawyer dealing with the litigation activity must be able to carry out consumer enforcement actions, tribunal appeals, competition appeals and warrant applications that are essential to enter and search the premises
- A lawyer dealing with the litigation activity must have the ability to settle the legal disputes in the field of mortgages, contracts, wills, titles and leases.
- Lawyers dealing with the litigation activities must have the ability to handle the labor disputes that take place between the employer and the employees(workers) or their union
- Lawyers dealing in the litigation activities must be able to handle the patent disputes and the disputes over the copyrights issue
- Lawyers dealing with litigation activities must be able to deal with both the civil and criminal litigation cases
Importance of the lawyers dealing with the litigation activities
In United States of America many of the civil litigation cases arising between the individuals or between the non-profit organizations or between the business entities are brought before the court of law. So there is a great need of the lawyers who have specialized in the field of civil litigation.
Even there is a rise in the cases of civil litigation like discrimination litigation, personal injury litigation, patent litigation and business litigation. Sometimes the demand for the lawyers dealing in civil litigation matters far exceeds the supply of the lawyers who deal with the civil litigation suits.
Similarly the demand for the lawyers dealing in the criminal litigation suits has also increased as many times the defendants are falsely implicated in the acts of crime.
Clearly one can conclude that the lawyer carrying out the profession as a litigation lawyer can get a good financial and intellectual growth. The career as a lawyer dealing in litigation activities is challenging and a growing career.