Litigation law is an aspect of legal institution that concerns itself with conflict resolution. It cuts across almost all another aspect of the law. It involves two sets of people legally called the plaintiff and the defendant in which the one claims the other. The plaintiff is the one that calls the attention of a court of law to an injury caused to him while the defendant is the person that is alleged to have done the harm or injury to the plaintiff. In the case of civil litigation, it means that it is between two citizens. However, in the case of normal litigation, it could be between the government and its citizen.
It is important to note that a case can only be regarded as litigation if the plaintiff wants it to be. This means that if for instance, a plaintiff and a defendant are able to come to term and end their differences and dispute, then it is no more a litigation and such a case will be dissolved without further delay.
One of the most common punishments here is payment of damages. Damages is a certain amount of money that is usually paid by the defendant to the plaintiff if the latter’s claim is found to be tenable by the law court and the defendant is found guilty. There may also be a scenario where the claim put forward by a plaintiff is found to baseless and the defendant is not found guilty. In such case, the defendant will not pay any damages and the claim will be discarded by the law court.
When a lawsuit is filed, you may be interested in the service a litigation whose action is to represent you at the court and clear your case for you. A civil litigation lawyer serves his clients in litigation. The need for this type of lawyer that specializes in litigation is endless. Some charges may not be credible and factual but because they are poorly defended, you tend to lose the case you supposed to have won even before it is filed ordinarily.
A pragmatic epitome of litigation is a lawsuit filed against a medical practitioner by his patient blaming the unsatisfactory outcome of a surgery blaming it on the professional negligence of the surgeon. In the case, the surgeon is invited by a law court to explain what seemed to go wrong during the surgical procedure. If the surgeon together with his civil litigation lawyer was able to comprehensively explained what happened was not a medical flaw but an unforeseen circumstance which is beyond the control of any mortal. The judge may pass the verdict and pronounce the surgeon not guilty of the offense.
If on the other hand, the charges against the surgeon by the patient could not be well defended by the litigation lawyer of the surgeon, the verdict of the judge maybe that the surgeon is guilty of the charge levied against him and could be asked to pay damages to the plaintiff.
It is always best to hire a qualified lawyer when you come face to face with a legal dispute. If you have to go down that road, litigations may take a toll on you financially as well as emotionally. This is where a lawyer comes as a savior. An experienced lawyer can provide you with a peace of mind as he has tasted the legal waters. He is a better judge of navigation of the same and gives you utmost protections where your legal rights are concerned. Even in not so serious circumstances, a lawyer’s advice might also prove to be helpful while you are signing any contract. These documents contain legal terms which he might help you in comprehend. Hiring a litigation lawyer is not an easy task. You will be facing the question, which lawyer would be best for you? Here are certain things you should know before you venture into finding one.
For finding a lawyer who best suits your legal needs, you can start by asking your friends and family for recommendations. Also, various websites are available on the internet which provides you detailed lists of lawyers and the area of law in which they specialize. After digging out references, make a list of the ones who fit your requirements. Always meet several lawyers in person before making the final selection. Prepare a questionnaire regarding their experience, special degrees, if any, they possess in the field of law, success rates and discuss your cases briefly with them to see what each one has to say about it. Thoroughly compare them before you make your selection.
Make sure to consult the Bar Association to verify your lawyer’s ethical conduct and enquire whether he has been subjected to any complaint in the past. You do not want to hire a lawyer who has been charged with ethical misconduct as that would lead to inviting more trouble.
Ensure that you obtain in writing regarding various services he would offer and his fee structure. Understand thoroughly how often you would be billed. Unless your dispute involves contingency fee, generally lawyers have the tendency of billing monthly or on appearance basis. Take in writing whether you would be liable to pay any additional cost and ask him to specify the nature of the same. Also, ask for an itemized bill at the time of making any payment.
Enquire in details as to who would appear on your behalf. Whether he would appear or any of his associates would. It is also advisable to be clear what your role would be in the litigation process. So discuss in details as to whether you would be required to help him in gathering information, documents, witnesses, etc., or would he handle it entirely.
Always be frank with your lawyer and avoid hiding anything. Explain your case with every minute detail that you can think of. Even negative information which you may consider to be potentially harmful to your case should be communicated to him without fail. Detailed information would him strategize in a better way.
A lawyer would be the captain of your ship during the litigation journey. So it is best to hire someone who is skilled, knowledgeable and honest and who will work hard for you and your case.