An attorney who specializes in representing clients who are named plaintiffs or defendants in civil lawsuits is known as a litigator. A civil litigation lawyer must be well-versed in the procedural rules of the courts or administrative bodies in which he practices. The formal rules of civil procedure govern how cases are brought in different courts and how they progress through the various stages of the litigation process, from the beginning to the end.
A litigator will frequently spend a significant portion of his time on pre-trial matters after a complaint has been filed in court and a response served on the plaintiff. These tasks include preparing or opposing various pre-trial motions that can have a significant impact on the litigation’s outcome. A motion is a request for specific procedural relief from the court. Among the motions that can be filed is one that asks the court to dismiss the case because the plaintiff’s complaint was too vague or failed to state a legally recognized cause of action. A civil litigation attorney may also seek to have a case dismissed without a trial if all of the evidence indicates that there is no genuine issue of material fact and that his client is entitled to judgment as a matter of law.
Some lawyers have a general litigation practice, in which they accept clients seeking court representation for a variety of issues such as breach of contract, medical malpractice, and personal injury. Other lawyers limit their practice to a few specific areas of law. In addition, a litigator can practice law in a variety of settings. Some civil litigation attorneys will work in legal aid clinics, representing indigent clients in court, while others will work for large law firms, handling class action lawsuits or representing businesses before regulatory agencies during administrative hearings.
Some civil litigation attorneys may only be involved in a case during the trial phase. It is not uncommon for some lawyers in a law firm to handle preliminary matters in a pending case, such as discovery and filing, as well as responding to various pre-trial motions that may arise during the proceedings. The actual trial of the case may then be handled by a more experienced litigator with extensive experience arguing cases in front of a jury.