Litigation lawyers are tasked with handling legal disputes once they escalate enough to proceed to a courtroom. If you’re preparing for a legal matter to proceed to litigation, litigation lawyers in Sydney can help you at every stage of the process, ensuring your case is represented as accurately as possible so you can secure the best outcome. This article will discuss the integral role litigation lawyers play in the legal landscape as well as some of their duties at each stage of the litigation process.
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Who Are Litigation Lawyers?
Litigation lawyers, often referred to as litigators, are legal professionals who represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation process, from the investigation, pleadings and discovery through to pre-trial, trial, settlement and any subsequent appeals processes.
The Pre-Trial Work of Litigation Lawyers
The work of litigation lawyers in Sydney begins long before they step foot into a courtroom. Initially, a litigation lawyer will conduct a thorough and detailed investigation to gather all necessary facts and evidence for the case. This process might involve locating witnesses, taking witness statements, gathering documents, conferring with the client and investigating the facts leading to the dispute.
Following the investigation phase, litigation lawyers will proceed with pleadings. This involves drafting a series of complaints and motions on behalf of the plaintiff or drafting answers and counterclaims in response if representing the defendant.
The Discovery Phase
One crucial aspect of a litigator’s role is managing the discovery phase. This period allows both parties to request relevant information from each other to build their cases. Litigation lawyers in Sydney use various methods such as interrogatories, depositions, requests for production and requests for admission during this stage. Building a case requires time and a delicate approach.
Negotiation & Trial
As advocates for their clients, litigation lawyers also negotiate potential settlements whenever possible. They must possess excellent negotiation skills to achieve outcomes that best serve their clients’ interests. If a settlement cannot be reached, the case will proceed to trial, where litigators present the case to a judge or jury in person.
Even after a verdict has been reached, a litigator’s role doesn’t end there. They may need to file an appeal if the outcome is unsatisfactory for their client. This requires a different set of skills, as it involves presenting the case to higher courts with written briefs and oral arguments. Appeals must also generally be filed within 30 days of the original verdict being reached, depending on which state you live in. As appeals are also a time-sensitive issue, your litigation lawyer must be diligent and adaptable under pressure.
Litigation lawyers in Sydney play a crucial role in navigating complex legal disputes that proceed to courtrooms. Their responsibilities stretch far beyond arguing in court, however, as they also adopt the roles of investigators, negotiators and advocates who dedicate their skills to securing the best possible outcome for their clients.