Role of a Civil Litigation Lawyer - PowerPoint PPT Presentation

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Role of a Civil Litigation Lawyer

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A Civil Litigation lawyer who specializes in civil litigation is known as a “litigator” or a “trial lawyer.” Key legal skills include: – PowerPoint PPT presentation

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Title: Role of a Civil Litigation Lawyer


1
What Is Civil Litigation lawyer?
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  • When two or more parties become embroiled in a
    legal dispute seeking money or another specific
    performance rather than criminal sanctions, civil
    litigation is the result.
  • They must instead head to the courtroom for trial
    so a judge or jury can decide the matter.
  • A Civil Litigation lawyer who specializes in
    civil litigation is known as a litigator or a
    trial lawyer.

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  • He represents clients across a broad spectrum of
    associated proceedings, including pretrial
    hearings and depositions, as well as arbitration
    or mediation before administrative agencies or
    court personnel.
  • Arbitration and mediation are processes that
    attempt to guide the parties toward settlement
    without the time and expense of going to court.

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Types of Civil Litigation lawyer
  • Civil litigation encompasses a broad range of
    disputes, and litigators generally specialize in
    one or two specific practice areas. Several
    common areas include
  • Environmental law
  • Landlord/tenant disputes
  • Product liability lawsuits

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  • Personal injury claims
  • Intellectual property disputes
  • Construction liability lawsuits
  • Medical malpractice claims
  • Employment and labor disputes
  • Real estate lawsuits

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  • Anti-trust litigation
  • Workers' compensation claims
  • Education law disputes
  • Divorce lawsuits
  • Civil litigation can be loosely defined as a
    legal process in which criminal charges and
    penalties are not at issue.

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The Role of a Civil Litigation Lawyer
  • The role and responsibilities of a civil
    litigation attorney can be challenging and
    diverse. It is an adversarial process with two or
    more parties pitted against each other.
  • The attorney is his client's advocate, obligated
    to fight for him to achieve the best possible
    outcome on the client's behalf.

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  • Lawyers specializing in this field must be
    willing to assume oppositional positions, to
    embrace conflict and controversy, and to
    effectively act as human pit bulls in defense of
    their clients.
  • Attorneys and litigation paralegals in this field
    often work long hours, especially during a trial.

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Certain skills and knowledge are essential to
litigation practice. Key legal skills include
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  • Knowledge of substantive and procedural law
  • Strong written and oral advocacy skills
  • Analytical and logical reasoning abilities
  • Ability to synthesize complex legal and factual
    materials
  • Superior interpersonal skills
  • Knowledge of legal research techniques and
    software
  • Client development skills
  • Negotiation skills

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The Life Cycle of a Typical Civil Litigation Case
  • Civil Litigation lawyer can be divided into
    several stages, including investigation,
    pleadings, discovery, pretrial proceedings,
    potential settlement or trial, and even appeal.
  • Discovery is typically the longest and most
    labor-intensive stage of a case. Unlike the way
    they're often portrayed on television, civil
    attorneys spend comparatively little time in the
    trial.

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  • Much of their time is devoted to the discovery
    stage - the exchange of information pertinent to
    the case through depositions, interrogatories,
    and subpoenas. The latter are demands for
    information or documents from third parties.
  • Depositions and interrogatories involve questions
    posed under penalty of perjury to the parties in
    a lawsuit. Deposition questions are posed orally
    under oath. Interrogatories are written questions.

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