22 Feb What does litigation mean?
The formal definition of litigation is the process of taking legal action. It is the act, process or practice of settling a legal dispute. Litigators are lawyers that participate in the act or process of settling civil (non-criminal) disputes between parties. Litigators are involved in the entire litigation process which includes:
Initial Case Assessment and Investigation
This is the initial step when the litigator investigates to assess the case at hand and whether it is either worth filing a lawsuit (for the plaintiff) or if there is enough evidence to defend the person against an incoming lawsuit (for the defendant).
The litigator will file a series of pleadings or motions that are completed in response to the plaintiff’s or the defendant’s case. This may involve counterclaims that are important to address for your client.
The Discovery Process
Both parties will exchange relevant information so that the litigators of the plaintiff and defendant are aware of all the information that could be presented. For example, examining physical evidence or conducting examinations for discovery.
This phase includes preparing for court. For example, preparing your client or gathering witnesses, preparing pre-trial briefs.
The litigator’s job is to assess the strengths and weaknesses of the case.
Most cases are not brought to trial and many cases are settled between litigators. In this phase, the job of the litigator is to negotiate a deal with the other party that works best for their client’s interest.
There is an opportunity for the litigator to appeal if they aren’t happy with the outcome of the case. Appealing a case means that the litigator needs to provide evidence as to why the case was handled in an improper fashion, and reasons why the case should be re-examined.
If you need a litigator or want to learn more about what hiring a litigator would entail, contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.