In McKinney and across the United States, each year countless individuals and organizations require the services of a litigation attorney. Unfortunately, legal disagreements are not uncommon, and sometimes litigation is the only way to find a clear resolution. For those unfamiliar with civil litigation, it would be natural to assume that a court case will be required. However, in reality going to court won’t always be necessary.
When Would I Need a Litigation Attorney?
A litigation attorney (also called a litigator) acts as the representative for a plaintiff or defendant during a civil lawsuit. While each case will vary, a litigation attorney’s duties include researching and investigating the case – this involves depositions, pleadings, discovery, pre-trial, trial, settlement and appeal.
Not all litigation will enter each of these phases – in fact, reaching an early settlement is common. Having an attorney with a strong background in litigation may encourage the opposing counsel to settle out of court. Going to trial can be a lengthy and costly process, and both sides often recognize the benefits of avoiding court.
The Main Responsibilities of a Litigation Attorney
If you are wondering just why you need a litigation attorney, here’s a closer look at some of the important responsibilities required.
- Investigation – This phase can involve taking statements and reading documents to gain a clearer picture of what’s involved in the case. At this stage, it may also be possible to settle without taking the case any further.
- Pleadings – Pleadings involve filing a complaint or a response to a complaint, along with motions to dismiss evidence and other elements.
- Discovery – The discovery phase requires both parties giving important information in out-of-court sessions. A deposition is a key element of discovery where questions are answered under oath. It may also be necessary to produce important evidence at this stage.
- Settlement – Your attorney will attempt to settle out of court, coming to a satisfactory agreement with the other party. This process could happen between both sides or with the help of mediation. Experienced, strategic and effective negotiation skills will increase the chances of reaching a favorable resolution amicably, fairly and cost-efficiently.
- Trial – When a settlement is not possible the case will proceed to trial. During the trial, both sides have the opportunity to present their evidence and arguments while cross-examining relevant parties.
- Appeal – If the case was unsuccessful, your litigation attorney may recommend appealing. An appeal can take place if it can be shown that the verdict may have been wrong. This could be due to new evidence, or witnesses that offer a different perspective on the case. In more complex cases involving probate litigation or civil litigation, appeals are often sought.
Litigation Attorneys Covering Collin County and Beyond
If you require a litigation attorney in North Texas, contact Lucé Law, PC today. Our attorneys represent clients in cases involving probate, collections, intellectual property, insurance, real estate and much more. To reach us, call (972) 632-1300 or request a free legal consultation today.