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Litigation lawyers are attorneys who specialize in the legal area of navigating and presenting lawsuits on behalf of their clients through the detailed and lengthy steps of a court process. While many who choose to specialize in this type of law will elect a specific focus such as personal injury, the range of legal complaints that fall under the realm of litigation is widespread and can pertain to nearly any large-scale case that demands the court’s attention. In most instances, these types of lawsuits are reserved for law firms representing only the most demanding cases that will not likely settle out of court.
Expertise
Oregon lawyers that specialize in litigation will be highly experienced in critical thinking and decision making. Professionals must possess a strong command of the English language. Reading comprehension and excellent verbal and written communication are musts for these legal experts. Court procedures, agency rules, and government regulations are areas closely studied. In addition, it will be necessary to draw up legal documents and advise clients professionally. Drafting legislation is also among their various responsibilities.
Preparation
Litigation lawyers help a client move forward with a court case if there is a valid legal complaint. They will undergo discovery to gather information and build a case, utilizing qualified support staff as necessary. Next, a complaint is filed with the court. Legal research and writing will help to build the case before it is brought before the court. Civil cases require effort to prove that the facts of a case are as the client presents them, so that a case is won and compensation is granted. In criminal cases, the lawyer must prove beyond a reasonable doubt that their client is innocent. Or, if the lawyer is prosecuting, they must prove beyond a reasonable doubt that the defendant committed the crime.
An Oregon attorney that handles litigation will spend much of their time undergoing research to build a successful case. This research can make a significant difference in how successful they are in the courtroom. They will review common law, law review articles, legislative history, and statutes to make their case as strong as possible. They will also spend much time writing in preparation for the trial. This can especially be crucial in a criminal case, when a client wishes to appeal. An appellate brief must be written for the client and the appeal may be thrown out if it is not legally adequate.
Court
A litigation lawyer will argue motions and select jurors in the court room. In addition, they will have the tasks of questioning witnesses and consulting judges. These lawyers will need to be able to accurately explain and summarize cases to both juries and judges. They are also required to examine laws in court cases similar to the one they are handling and may be asked to clarify government rules and regulations. Qualified attorneys may be asked to serve legal papers. In civil cases, settlements may be negotiated. With the proper experience, they can gain partnership with a law firm, which will often be one that specializes in civil litigation.
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