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 Litigation Lawyer



A case, controversy, or lawsuit. A contest authorized by law, in a court of justice, for the purpose of enforcing a right. Participants (plaintiffs and defendants) in lawsuits are called litigants.

The process of bringing and pursuing a lawsuit. Litigation often proceeds much like trench warfare; initial court papers define the parties' legal positions as trenches define battlefield positions. After the initial activity, lawyers sit back for several months or years and lob legal artillery at each other until they grow tired of the warfare and begin settlement negotiations. If settlement is unsuccessful (90+% of all lawsuits are settled without trial), the case goes to trial, and the trial may be followed by a lengthy appeal.

Many states have enacted, or are considering, reforms directed at shortening the time a case takes to get to trial and minimizing the expense traditionally associated with litigation. Among these reforms are: 'Fast track' rules that prohibit delays and require each phase of the case to be completed within a particular period of time; Limits on how much information can be obtained from the opposing party; Requirements that certain types of cases be arbitrated (a simpler procedure) rather than pushed through the court system.

Requirements that attorneys inform their clients of alternative dispute resolution procedures such as mediation, and;

Court-sponsored techniques such as mini-trials and early neutral evaluation that are designed to get the parties to settle by giving them a realistic assessment of what is likely to happen if the case goes to trial.

What is Litigation?
Litigation is the term typically used to describe all the legal steps involved in settling a controversy between two or more parties before, during and after the actual trial for either civil or criminal cases. Many attorneys who practice litigation handle both criminal and civil law cases, as well as alternative dispute resolution methods of settlement like mediation and arbitration, as well as administrative trials and hearings.

Who gets involved with litigation?
Litigation can involve anyone—two individuals, an individual with a business, a business with another business, an individual with a government agency, a government agency with another government agency, and the list goes on. The parties involved in the dispute are called "litigants," a term most people have heard on shows like The People's Court and similar court proceedings that are shown on TV. Of course, in addition to the litigants, there usually are attorneys, a judge and typically a jury involved, depending on the case and whether or not the case goes to trial.

What if I filed a lawsuit, can I still settle out of court?
Yes, you can settle your case out of court even if you've already file the lawsuit. But, it's best to get the settlement in writing, for your protection. If you've already filed the lawsuit and decide to settle, the settlement agreements generally state that the suit will be dismissed "with prejudice," which means that it cannot be re-filed. If important issues are at stake, or a substantial amount of money is involved, it is a good idea to consult a litigation attorney or you may find that you've bargained away your rights.

Should I hire a Litigation Attorney?
Whether or not you plan on litigating, a litigation attorney would be able to determine what's the best approach for your case and advise you on the next steps to take. Even if you decide to settle out of court, a litigation attorney will help you get the settlement you deserve or otherwise assure that your legal rights are being protected. Use the search form on this page to find a litigation attorney that's best for you and your legal situation.





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