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The Role Of A Litigation Lawyer

September 14th, 2011 3:00 am

A litigation attorney is most simply an attorney who specializes in litigation. Litigation is basically just a fancy legal term for the practice of carrying a lawsuit through the court process. At the heart of these cases there is almost always a litigation attorney. Knowing the difference between litigation attorneys and other types of attorneys can help you hire the right one for your needs.

Different Types Of Attorneys

Many people don’t realize that not all lawyers present cases in a court of law in front of a judge and jury. Television shows and high profile news cases glamorize lawyers and courtroom proceedings, making it seem as though lawyers spend all their time in court, presenting evidence and arguing cases before a judge and jury. This couldn’t be further from the truth.

In fact, the vast majority of lawyers never see the inside of a courtroom. They spend most of their time advising their clients on the law or drafting and reviewing documents. These lawyers may be general practice lawyers, estate attorneys or work for large corporations as corporate attorneys, sometimes called legal counsel. Criminal law attorneys represent those accused of committing crimes and often find themselves representing clients in a courtroom. Still other attorneys work for various units of government as state attorney generals, public defenders or prosecutors.

Litigation attorneys, by contrast, are lawyers who specialize in lawsuits. They tend to specialize in civil law and are most often the type of attorney you will find in a courtroom. If you intend to go to court to settle a dispute, you’ll need one of these lawyers.

Education And Training

Like all attorneys, litigators have completed four years of undergraduate schooling followed by an additional three years of law school. Following graduation, they must pass the bar exam for the state in which they intend to work before they can practice law. Attorneys often participate in continuing education classes and may even take additional law school courses in order to specialize in a certain area of law such as probate, wills, bankruptcy, divorce or insurance, among many others.

Most litigation attorneys will have chosen one or two areas of focus. They will devote time throughout their career to honing their knowledge related to these areas of law and keeping current with changes to the law.

What A Litigation Attorney Does

The primary job of this attorney is to carry a case to and through the court system.

He or she performs all of the pre-trial work needed to get a lawsuit moving. This includes creating a written demand for resolution or direct filing of a lawsuit. Once the lawsuit has been filed, the lawyer will perform research related to the suit such as questioning witnesses and gathering evidence for use in the event the case goes to trial.

If the case does go to trial, the litigation attorney will represent the client at the trial. He or she will present the client’s case, question and cross-examine witnesses, and introduce evidence. The attorney is interested in getting the best possible result for the client. Sometimes that involves going to court, but the lawyer may also successfully bring resolution to the dispute by settling out of court.

Benefits Of Hiring A Litigation Lawyer

Litigators are knowledgeable about the law in general, which is necessary for resolving a dispute. But they are also well versed in the rules governing court cases. There are procedures and rules that must be followed to properly file and litigate a claim. Having someone on your side who has this knowledge is a prime reason why people hire litigation lawyers to present their cases.

It is important to understand the qualifications and limitations of any lawyer you hire. If you intend to settle a dispute in court, the experience that a litigation attorney can offer may prove invaluable to you. Choosing an attorney is just like choosing any other service provider. You want to make sure you choose the right one for the right job.

Wagner Sidlofsky LLP is a Toronto boutique litigation firm providing counsel to international and Canadian individuals and businesses involved in disputes. The firm’s areas of practice include Estate Litigation, Commercial Litigation, Elder Law and Tax Litigation. They only litigate. As a niche law firm, their lawyers’ proficiency has developed from the single minded focus of practice in areas of expertise. Every lawyer brings his/her own unique talents to the firm, but each shares a commitment to excellence. They get results for their clients by tenaciously and aggressively advocating for their clients. The firm’s lawyers regularly appear in the Ontario Superior Court of Justice and the Ontario Court of Appeal as well as various administrative tribunals.

How to Choose a Good Bankruptcy Attorney

August 10th, 2011 8:45 am

Choosing a bankruptcy attorney can be difficult, because there are so many of them out there. You want the best lawyer possible for your case, one who is experienced and understands the bankruptcy laws intimately. During the initial search for a bankruptcy attorney you will come up with a list of possibilities, and then you have to evaluate each of these and narrow it down to one. The right bankruptcy attorney can have a great effect on your case, but the wrong one can impact it negatively, which is why it is important to take your time choosing one. This goes for any specialist helping you, but especially when it comes to a financial case that you need to win for the sake of your wallet. Find out what to look for in a lawyer before you commit to one.

It may feel overwhelming to choose among the many attorneys available, so the best way to get started is to ask around for recommendations. You probably know friends or family members who have undergone financial issues in the past, and might have gone down this path. Ask those you trust who they would recommend to take on your case. Once you have a short list of lawyers, get in contact with each one to find out if they offer a free consultation.

Once you meet your potential bankruptcy attorney, you should verify their experience. Of course, a history of winning cases is great, but you should also take note of the number of cases fought, and the number of years in this industry. Additionally, though most cases never go to court, it is helpful to find a bankruptcy attorney with court experience, just in case. Some allow potential clients to contact their past customers, who will likely vouch for their experience. Take advantage of this if it is offered, or at least take note of any testimonials offered on their website.

Everyone wants a great deal, but sometimes it is not good to skimp on something this major. Many shockingly inexpensive lawyers either have little experience or a negative case history. On the other hand, some lawyers who are quite costly do not have a very appealing record. In general, it is not good to rely on price alone to make your decision. Instead, take all factors into consideration, such as the number and outcome of cases, and recommendations from others. Then you can choose the most cost-effective bankruptcy attorney, all other aspects being equal.

It takes time and energy to go this route to eliminate debt, but it is often worth it to get creditors to stop harassing you. The best outcomes are usually achieved by experienced lawyers with clients who trust that they are getting their money’s worth. If you can find this kind of bankruptcy attorney, you will be best prepared.

SCLA is a consumer bankruptcy law firm representing clients throughout Southern California in filing for bankruptcy. Their experienced lawyers will represent you in filing your Chapter 7 and Chapter 13 bankruptcy case. Put your trust and confidence in a law firm that is focused on addressing your concerns and resolving your situation.