Role of litigation attorneys in a civil case

The filing of a civil case must be a complex one, and it consumes more time without a litigation attorney. So when you hire a litigation attorney, he will be responsible for your civil suit from filing the civil case to winning the case because they are experts in the field of civil laws and orders. Hiring a Civil attorney will enhance your chances of winning.

Starting a Civil Suit

Once you have hired a litigation lawyer, the first step taken by him is the initial investigation of your dispute to review your case to make sure there are enough evidence and documentation present with you to support your suit. It consumes more time, and the investigation should be thorough and difficult, then only he will be able to understand your specific situation.

If your attorney has more confidence in your evidence and documentation, he or she will take charge to enter the pleadings to the proper courts which include some charges on drafting summons and suit for your case. The complaint and summons is the initial proclamation stated by the plaintiff, which will be sent to the defendant. On the other side, the defendant has to reply to the statements by drafting a counter-claim against the plaintiff.

When the process of filing pleadings is over, your attorney moves into the next step called the discovery process, which is the most time-consuming process of all stages. In this stage, your attorney will collect and analyze the evidence which may be physical, a declaration statement from a witness. To strengthen the statement of the witness, your attorney will interview with him as a judge and also a defence attorney which includes interrogatories and depositions. Interrogatories are used for documentation processes, and depositions are considered as evidence when the witness is unable to present at a hearing.

Represent Clients in the Pre-Trial and Trial Phases

In the pre-trial phase, the expert witnesses are retained by the attorney to present the needed information for the suit in an unbiased manner. In this time, the court decides whether the case is heard by a Trial-by-Jury or to hold a Bench Trial. If the first case is decided, the attorneys from both plaintiff and defendant sides will interview jurors in an attempt to make a fair jury panel. Suppose, if both parties are interested in the bench trial, they give up their right to hearing the case by jury. In a bench trial, the judge will take the decision in the civil lawsuit.

The representatives from both parties pitch their statements in a brief manner about their dispute. Then, the litigation attorneys from the plaintiff side presented their arguments and followed by the defence attorney present their arguments to the jury or judge. Next, the evidence will be presented, and the witnesses are examined in the court on behalf of both parties. Finally, the representatives from both sides will present their closing statements.

Collect Awarded Damages

When the judge or jury announces the judgement, if it rules in favour of the plaintiff, the defendant must follow it. Else the plaintiff should impose the court order. For that, the litigation lawyers file a writ of execution for their client’s need. The writ of execution is a court order which forces the monetary judgement against the defendant. To satisfy the plaintiff opinion on judgement, it may include a takeover of the defendant’s property ordered by the judge where it will be then sold at sheriff’s sale. The other ways to satisfy monetary judgement are bank account and wage garnishments.

This article is issued by a SEO Company in Chennai to educate people in Civil suits.

 


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