A litigator is a lawyer who specializes in representing clients in civil actions. They must be familiar with court procedures and spend time on pretrial issues. They may work in different areas of law and locations, and some may limit their involvement to the trial stage.
A litigator is a lawyer who specializes in representing clients named as a plaintiff or defendant in a civil action. A civil litigation lawyer must be thoroughly familiar with the rules of procedure of the courts or administrative bodies in which he works. The formal rules of civil procedure determine the way in which cases are presented in the various courts and how they move through the stages of the litigation process – from the initial stages to the trial.
After a complaint is filed in court and a response is filed with the plaintiff, a litigant often spends a significant portion of their time on pretrial issues. This includes preparing for or defending various pretrial motions that could have a major effect on the outcome of the litigation. A motion is a request to the court for a specific procedural measure. Various motions that can be filed include asking the court to dismiss the appeal because the complaint filed by the plaintiff was too vague or failed to state a legally recognized cause of action. Furthermore, under appropriate circumstances, a civil litigation attorney may attempt to adjudicate a case without the need for a trial because all the evidence indicates that there is no genuine issue of material fact and that his client is entitled to trial as a matter of law.
Some attorneys maintain a general litigation practice in which they accept clients seeking representation in court for a wide range of cases that can include breach of contract, medical malpractice and personal injury. Other attorneys confine their practice to certain areas of the law. A litigator can also practice law in a number of different locations. Some civil litigation attorneys will work in legal services clinics, representing indigent clients in court, while others may choose to work in large law firms on behalf of corporate clients, handling class actions or representing companies before regulatory agencies during administrative hearings.
Some civil litigation attorneys may limit their involvement in a case to the trial stage only. It is not uncommon for a few attorneys in a law firm to handle initial issues in a pending case, including discovery and filing, and to respond to various pre-trial motions that may arise during the course of the proceeding. Another, more experienced litigator, with extensive experience arguing cases in front of a jury, can then handle the actual trial of the matter.
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