Injury Lawyers As Advocates

by feedster on August 24, 2016

Litigation or trial practice is a broad category or practice that cuts across a wide range of legal work. In theory, almost any dispute or representation could go to court; in practice, many do not. When parties cannot resolve their differences without the involvement of courts, litigation frequently follows. Litigation is expensive, stressful, and time-consuming for lawyers and clients alike. The results are anything but certain; if they were, the case probably would have been settled out of court.

Litigation is normally divided among criminal-civil lines. Criminal litigation involves prosecution by the state for violation of the law. Civil litigation, on the other hand, includes all litigation that is not criminal. It is a much larger field, and much more difficult to encapsulate. There are basically three phases of litigation; pretrial, trial and appellate. A lawyer may engage in all three, handling a case from beginning to end, or may specialize in a particular facet of the litigation process.

The Lawyer as Agent

One central element of the lawyer-client relationship is agency. As agent is someone who is empowered to act on behalf of another. This power, or authority, is granted to the agent by the person who wants something done, the principal. In a lawyer-client relationship the client is the principal and the lawyer is the agent. When authority is properly granted to an agent by a principal, the principal will be bound by the agent’s actions.

For instance if a client authorizes her lawyer to settle her civil dispute for any amount up to $50,000, the lawyer may settle the case for $45,000, but not $55,000. In numerous situations involving both negotiation and advocacy, this agency relationship is important because the lawyer acts independently from the client’s direct control. Since the lawyer must utilize independent professional judgment, the client inevitably hands over authority to the lawyer. In this sense, the relationship is one of trust.

Trial Litigation

Trial litigation is an art form. The image of the trial lawyer is most often that of a flamboyant, aggressive orator. In practice, the key to successful trial work is more often careful preparation and organization than pure argumentation. The more famous trial lawyers such as Clarence Darrow, Melvin Belli have certain flair, but many other excellent trial lawyers quietly and skillfully win their cases on a regular basis.

To have a smooth litigation process, it would be great for victims to work with the litigation lawyer. The lawyer will take your case as far as it takes for you. It is important to trust your attorney until you get the just compensation that you deserve.

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