Civil Litigations
Civil litigation arises when a dispute occurs between two or more parties that seeks compensation for a wrongdoing rather than criminal sanctions. A litigator or trial lawyer usually represents a party in a civil ligation such as trials, hearings, arbitrations, and mediations, before administrative agencies and federal, state, and local courts. Civil litigators often specialize in one or two specific practice areas.
Cases that may require civil litigation may include the following:
- Business issues such as intellectual property
- Personal injury such as accident cases
- Products liability
- Worker’s compensation
- Employment and labor
- Medical malpractice
- Real estate
- Landlord/ tenant issues
- Anti-trust
- Environmental issues
A civil ligation lawsuit may take several months to be resolved while complex cases may take years from pre-suit investigation to trial and settlement.
A civil litigation generally undergoes seven stages: investigation, pleadings, discovery, pre-trial, trial, settlement, and appeal. Discovery is the longest and most labor-intensive stage where litigators devote most of their time. However, not all cases pass through these stages as most lawsuits are settled prior to settlement.
Success in litigation may depend on several factors, including the circumstances of the case and state laws. On the other hand, certain skills and knowledge are essential to litigation practice. These include the following key skills:
- Knowledge of substantive and procedural law
- Knowledge of legal research technique and software
- Strong written and oral advocacy skills
- Analytical and logical abilities
- Client development and interpersonal skills
- Negotiation skills