Litigation solicitors are lawyers who specialize in handling all aspects of trial preparation in common law countries, particularly the United Kingdom. The terms “solicitor” and “attorney” are essentially interchangeable. Outside of England, Scotland, Wales, and Ireland, where the common law system originated, it is rarely used. Litigation solicitors represent clients in these countries who have legal issues that can only be resolved through a trial. Solicitors usually specialize in a specific field, accepting only cases that fall within their area of expertise.
Litigation encompasses all courtroom proceedings, from witness depositions and cross-examination to opening and closing arguments, and is more of a legal technique than a practice. Litigation does not have a monopoly on any one type of case. Litigation will be involved in property disputes, trademark infringement actions, and even homicide cases if they go to trial. As a result, any lawyer or solicitor, regardless of specialization or discipline, can work as a litigation expert, and there are always a variety of litigation solicitor jobs available.
Most common law countries used to divide legal practice into two professions: solicitors and barristers. Solicitors were in charge of preparing all aspects of a case, including gathering evidence, identifying witnesses, and formulating arguments. However, solicitors would not actually argue the case in court. Only barristers were allowed to appear in court, and only on the instruction of a solicitor. Even in countries that recognize both solicitors and barristers, this restriction has largely been lifted.
Although most litigation solicitors today are able to represent their clients in court, not all do so. The solicitor’s main responsibilities remain advocacy, research, and preparation. A client interview is the first step in the job of a litigation solicitor or litigation lawyer. A solicitor will meet with a potential client, listen to their case, and decide whether or not to represent them. If this is the case, the lawyer begins to prepare for possible litigation.
The filing of papers with the court and other parties involved in the case is always the first step in the litigation process. Solicitors oversee all filings on behalf of their clients, ensuring that deadlines are met and parties are served properly. After that, they conduct legal research and develop a litigation strategy.
Litigation necessitates a significant amount of planning, though the specifics vary depending on the dispute at hand. For example, a commercial litigation lawyer might spend a lot of time looking into corporate practices and norms, whereas a property litigation lawyer might spend the most time looking through land records, tracing titles, or deposing construction experts. Litigation lawyers strive to build the most comprehensive case possible for their clients. Depending on the facts, this may entail evidence gathering and examination, witness identification, and even investigative research, as well as a thorough knowledge of all relevant legal precedent. Litigation lawyers’ jobs are as much about building cases as they are about arguing them.