A Comprehensive Discussion On How Injury Lawyers Do Litigation

by feedster on November 2, 2016

When most people think of personal injury lawyers, they conjure up the image of an advocate. An advocate is someone who is trained to represent another before a tribunal. A tribunal may be a trial of appellate court, an administrative agency, a legislative body, or some other authority. A lawyer might represent an individual, a corporation, or the state. In every situation, however, the lawyer’s job is to ague the client’s position and to persuade the tribunal of the correctness of that position.

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.

Pretrial Litigation

Pretrial litigation begins when a client first makes the decision to pursue a judicial remedy to a problem. At this stage the lawyer may advise the client on the desirability of filing a lawsuit, investigate the facts, research the legal precedents, prepare and file papers, and conduct discovery. Discovery is the pretrial process that allows opposing parties’ access to information about the other’s case prior to trial.

Discovery may involve depositions of key witnesses, interrogatories (in other words, questions) of the opposing party, or making available documents for inspection. Detailed rules govern the discovery process, and the court may be involved in a series of pretrial motions and hearings. In addition to allowing each side to prepare its case, the pretrial process is designed to encourage settlement of conflicting claims.

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 hearing, 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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