What is a Civil Litigation Attorney?

A litigator is a description for an attorney who prosecutes on behalf of or defends a client in a legal proceeding or in court. A civil litigation attorney prepares documents and provides advice to clients before a trial or other legal proceeding.

More importantly, a litigator, having extensive experience and a good reputation in the courtroom, is a very effective negotiator.

Litigator vs. Lawyer – Is there a Difference?

All litigators are lawyers, but not all lawyers are litigators.

We are trusted, fearless litigators with an array of experience and great reputations within the legal field and the Lancaster community.

What is the difference between civil litigation and criminal litigation?

Civil litigation includes breach of contract, workers’ compensation, and appeals. In a civil case, a wronged party or ‘plaintiff’ files a lawsuit accusing a defendant of misconduct. In a civil case, the standard of proof, or the information required to prove a case to a judge or jury, will determine the verdict. Typically in civil cases, plaintiffs will convince a judge or jury that their case is stronger with “a preponderance of evidence” – meaning that the judge or jury decides that the plaintiff’s statements are more likely true than false.

Criminal litigation cases can involve drug crimes, wrongful search and seizure, or other cases in which the state accuses a defendant of breaking the law and asks the court to determine some form of punishment including jail, probation, or a fine. The standard of proof that specifies guilt must be beyond a reasonable doubt since the punishment for criminal cases is more severe.

How much does litigation cost?

Litigation costs can have a large effect on a litigant’s access to the civil justice system. The costs vary from one case to another, depending on how costs are incurred throughout the litigation process. The highest litigation costs typically come from the discovery and trial stages of a lawsuit.

We do our best to outline all the costs, including taxes and fees, early on in the process to give you an idea of what may be needed to close.

What is the litigation process?

The litigation process works by contesting and resolving disputes through the legal system. This process typically consists of 5 steps:

Investigation: A client approaches a civil litigation attorney with their dispute and the attorney collects any accessible documentation and evidence to build the client’s case.

Demand Letters and Pre-trial Negotiation: The attorney sends a demand letter that contains a compilation of the gathered information and a statement of desired compensation with the goal of convincing the opposing party (or defendant) that the accuser (or plaintiff) would win if the case went to court.

Out-of-Court Options or Alternative Dispute Resolution: If pre-trial negotiations are unsuccessful, the parties can still settle the case before going to court through out-of-court options. While these alternative dispute resolutions typically occur pre-trial, they can also happen mid-trial to save time and money.

• Facilitation leverages an unbiased attorney or panel to help the parties negotiate and help them to decide on disputed facts and provide estimations of the actual value of damages.
• Mediation, like facilitation, involves an attorney or panel to help the parties negotiate and seek an out-of-court settlement. At the end of mediation, the attorney or panel will often give a case a specific dollar value for the parties to agree on or to move to the courtroom.
• Arbitration is the most expensive option and involves taking a case to court, however it is presented to attorneys who deliver a verdict based on their understanding of the law, rather than a judge and jury.

The Courtroom:

• Discovery requires the parties to present relevant documents or submit to depositions or legally structured interviews in court, much like the investigation process. The goal is for both sides to collect as many detailed facts as possible and turn it into usable knowledge to support their client’s position.
• Motions help to establish disputed facts for the court.
• Trial begins after discovery and motions. These typically focus on disputed facts, that, if found true, will incriminate the other party. If either party does not approve of the court’s outcome, they can appeal to a higher court, extending the trial process.

Post-Trial Litigation: Litigation can continue, even after a trial ends. Lawyers can negotiate compensation payment and any other details required. After their legal dispute, neither party will accrue expenses and can follow the rules to close the case.