Plaintiff litigation involves a plaintiff’s attorney filing a civil suit to recover money for damages caused by a defendant. Attorneys specialize in different areas of law, such as securities or medical malpractice. They must stay up-to-date on changing rules and laws. Critics argue that plaintiff litigation can lead to frivolous cases and undeserved settlements, while trial lawyers believe it holds companies accountable for consumer protection.
Plaintiff litigation refers to civil suits initiated by a plaintiff’s attorney and is a method of recovering money for some type of damage caused by a defendant. A plaintiff is someone who believes they have been wronged or harmed in some way by the defendant in the lawsuit. A plaintiff’s attorney is also known as a litigation attorney or trial attorney, and this type of attorney focuses their practice on filing lawsuits and representing clients in court. Trial attorneys will often develop expertise in a certain area of law and litigate only in that area.
The assorted specialties within plaintiff litigation vary in complexity. For example, plaintiff litigation in securities law is very complex and often involves many parties. Securities are investment vehicles such as stocks, bonds, bonds and hedge funds. Plaintiff litigation in other areas may not be as complicated, meaning attorneys specializing in these areas can focus their practice on different areas of law within the same specialty.
Plaintiff litigation requires a trial attorney to develop knowledge in numerous areas, including the rules of civil procedure, rules of evidence, and a court’s local rules of procedure. These areas are constantly changing through judicial modification and interpretation. An attorney who focuses his practice on plaintiff litigation needs to know how to use these rules to his client’s advantage. Failure to know these rules could lead to a court dismissing a case on a technicality, which would not make a customer very happy.
In addition to knowing all the rules of procedure and evidence, a litigation attorney needs to know the substantive area of law of their chosen practice. For example, common areas of plaintiff litigation occur in medical malpractice, securities litigation, personal injury, statutory malpractice, and numerous other areas. Laws pertaining to a specific area can change quickly. This requires that the trial attorney remain vigilant for such changes so that she can be effective in her representation of her client.
Critics of plaintiff litigation complain that lawyers pursue frivolous cases and force undeserved settlements on defendants. Firms say plaintiffs’ litigation attorneys force settlements on them, and the high mounting costs of a legal defense keep firms from fighting frivolous claims. As a result, companies may be hesitant to take risks that might be beneficial but could also open the door to a lawsuit. Trial lawyers counter that big business cares only about profits and has little regard for consumers. These lawyers believe the threat of litigation forces companies to abide by laws, which protect most citizens from injury, death or property damage.
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