What Kind of Cases Does a Litigation Attorney Handle?

Litigation attorneys handle many types of legal cases, including:

• Civil litigation
• Financial litigation
• Business disputes
• Employment disputes
• Construction litigation
• Commercial litigation
• Contract disputes
• Personal Injury litigation
• Intellectual property and patent disputes

What is a Litigation Attorney?

A litigation attorney (also known as a civil litigation lawyer) handles civil lawsuits and disputes. These cases involve business conflicts, personal injury claims, and real estate disputes.

Their job is to represent clients in court and guide them through the process. Unlike criminal defense attorneys, litigation lawyers work on civil cases, no one goes to jail.

In civil cases, litigation attorneys often seek financial compensation for their clients. If representing a defendant, they try to settle for nothing.

Think of a litigation attorney as a coach in a big game. Like a coach makes a game plan, trains the team, and guides them through the game, a litigation attorney prepares for court, builds a case, and leads their client through the process. The goal is to win, whether by settlement or presenting the best argument in court, just like a coach wants to win on the field.

What Are the Most Common Types of Cases Handled by Litigation Lawyers?

The most common types of cases a litigation attorney handles are:

Civil Litigation

A civil litigation attorney is a legal professional who represents clients in civil lawsuits. Civil litigation includes many types of cases and can and is synonymous with "litigation attorney." These types of lawyers handle a variety of legal disputes that can arise between individuals, businesses, or organizations. 

What Do Civil Litigation Attorneys Do?

Civil litigation attorneys are responsible for managing all aspects of a lawsuit. Civil litigation attorneys spend time researching relevant laws and legal precedents that apply to their client's cases to ensure they have a strong understanding of the law. Civil litigation attorneys are also responsible for reviewing all the evidence related to a case. This could include witness statements, medical records, and other documents to analyze evidence and determine the strengths and weaknesses of their client's cases.

A civil litigation lawyer will also draft legal documents. Documents that need to be presented in court, like pleadings, motions, and briefs, will be handled by a civil litigation attorney on their client's behalf. Their ultimate job is to appear in civil court to argue their clients' cases before judges and juries while participating in settlement negotiations with the opposing counsel to resolve disputes outside of court. To do this, litigation attorneys typically have a strategy to manage cases that align with the goals and objectives that the client presents. Things like how they present evidence, which witnesses to call, and what legal arguments to make are all decisions a civil litigation attorney makes.

Business and Employment Litigation

A type of case litigation attorneys handle is business disputes. A business dispute is a disagreement between a business and its customers, between two businesses, or between a business and a vendor contracted by the business. It often involves breaches of contract, partnership disputes or employment agreement violations.

Employment Disputes

Employment law violations can be issues revolving around discrimination, harassment, wrongful termination, and wage-hour violations in the workplace. More specific employment civil litigation cases might involve an employee accusing the business of violating their employment rights or not following the employment agreement signed between the employee and the business at the time of hiring.

A common example of an employment dispute leading to a civil litigation case is when an employee says they were fired for reporting unsafe work conditions, which they believe is unfair. The employer argues they were fired for not doing their job well, not for the report.

Personal Injury Litigation

Attorneys can represent clients in personal injury cases who have been injured due to negligence or wrongdoing of another party. This would cover cases involving car accidents, slip and fall accidents, and medical malpractice. A litigation attorney can also take on insurance claims.

Financial Litigation

Financial litigation cases often involve misappropriation of funds and trade secrets, a breach of fiduciary duty, trademark or patent infringement, or mismanagement of funds or another business by an investor or management group

Contract disputes

Litigation lawyers also cover contract disputes and other contract-related issues that are not breaches of contract. A common example of a contract dispute involves a homeowner hiring someone to redo their kitchen, but halfway through, they argued because the new cabinets weren't what the homeowner wanted. The person doing the work said they followed the plan they were given. The homeowner sues the contractor, or the homeowner stops paying the contractor and the contractor sues the homeowner.

Real estate litigation

Real estate disputes are also commonly handled by litigation lawyers who represent clients with issues regarding landlord-tenant disputes, property line disagreements, and property ownership disagreements.

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When to Hire a Litigation Lawyer?

You should hire a litigation lawyer when you find yourself or your business in a legal situation that you cannot or should not try to resolve without legal guidance. Failing to hire an attorney when facing a civil lawsuit or when you're trying to sue another entity can result in receiving less from your lawsuit or being required to pay more if your defense loses.

Benefits of Hiring a Litigation Lawyer?

• Expertise: One of the most beneficial aspects of hiring an attorney for a legal dispute is their experience. Their deep understanding of the law and legal procedures offers advice and guidance on handling your dispute to ensure your case is adequately presented in court
• Experience: An experienced civil litigation attorney understands the courtroom process, legal procedures, presenting cases to judges and juries, and the state and local ordinances.
• Negotiation Skills: Civil litigation attorneys are skilled negotiators that can help you save time and money compared to the possibility of lengthy court battles without one.
• Cost-effective: A litigation attorney should be able to determine risks in your case and advise on potential costs and damages to help decide on whether to settle or proceed to trial, saving you time and money.
• Resources: There are specific resources such as legal research tools, expert witnesses, and other professionals that litigation attorneys have access to that would provide support during civil litigation. 
• Peace of Mind: A litigation attorney could provide peace of mind knowing a professional is handling your case. This can alleviate some of the stress and anxiety associated with legal disputes.

Conclusion

In summary, you may need a civil litigation attorney to handle your legal disputes. From case prep to trial, an attorney will protect your rights and present your case. With them, you can navigate the complicated stuff with confidence, save time, money and stress. Whether business disputes, personal injury or real estate, having a litigation lawyer makes all the difference. Need help with a civil litigation? Contact O’Flaherty Law today. Our attorneys at O’Flaherty law are here to help you get the best result.