litigator vs attorney

Litigator

Litigators specialize in managing legal disputes by preparing for trials, conducting discovery, engaging in pretrial activities, representing cases in court, and overseeing appeals, distinguishing them as attorneys but not litigants.

Responsibilities of a Litigator

Litigators have a broad range of responsibilities. They are involved in every stage of the litigation process, from the initial case evaluation and investigation, through the drafting of pleadings, the discovery process, pre-trial, trial, settlement, and even appeal if necessary. Their role is to represent their client’s interests to the best of their ability, which may involve negotiating settlements or arguing the case in court.

The Litigation Process

The litigation process is complex and can be lengthy. It starts with an investigation where the litigator gathers evidence and identifies the legal issues involved. This is followed by the pleadings stage where the litigator drafts and files the necessary court documents. The discovery phase involves the exchange of information between the parties. The pre-trial phase involves preparation for the trial, including strategy development and witness preparation. The trial is where the case is presented and argued before a judge or jury. If the case doesn’t settle, the litigator may handle the appeal.

Litigator vs Lawyer: What’s the Difference?

Definition of a Lawyer

A lawyer is a professional who is trained in law and provides advice and aid on legal matters. They can specialize in various areas of law, such as criminal law, family law, corporate law, and more. They can provide legal advice, draft legal documents, and represent clients in legal negotiations and court proceedings.

Definition of a Litigator

A litigator, on the other hand, is a lawyer who specializes in taking legal action against people and organizations. They are experts in the litigation process, which involves taking a case through court to resolve a dispute. They represent clients in civil lawsuits and manage all phases of the litigation process.

Key Differences

While all litigators are lawyers, not all lawyers are litigators. The key difference lies in their specialization. A litigator is a lawyer who specializes in taking cases through the court process, while a lawyer may specialize in other areas of law and may not necessarily appear in court.

What Does a Litigator Do?

Initial Investigation

The initial investigation is a crucial part of the litigation process. The litigator will gather evidence, interview the client and potential witnesses, and research the law applicable to the case. This stage is essential for determining the strengths and weaknesses of the case and developing a litigation strategy.

Pleadings

Pleadings are the formal documents that the litigator files with the court to initiate a lawsuit. These documents outline the parties involved, the legal issues in dispute, and the facts supporting the client’s claims or defenses.

Discovery

During the discovery phase, the litigator will exchange pertinent information with the opposing counsel. This could involve obtaining documents, taking depositions, and submitting interrogatories. Discovery is vital for preparing the case for trial.

Pre-Trial

In the pre-trial phase, the litigator prepares the case for trial. This could involve negotiating a settlement, preparing witnesses, and developing a trial strategy. The goal is to ensure that the case is as strong as possible before it goes to court.

Trial

During the trial, the litigator presents the case to the judge or jury. This involves making opening and closing statements, examining witnesses, and presenting evidence. The litigator’s role is to persuade the judge or jury to rule in their client’s favor.

Settlement and Appeal

If the case doesn’t go to trial, the litigator may negotiate a settlement. This involves negotiating with the opposing party to reach a resolution that is acceptable to the client. If the case does go to trial and the outcome is unfavorable, the litigator may handle the appeal, seeking to have the decision overturned.

How to Identify a Good Litigator

Key Skills and Qualities

When hiring a litigator, look for key skills and qualities such as negotiation, observational skills, communication, and adaptability. A good litigator should be able to think on their feet, articulate their client’s position clearly, and negotiate effectively.

Experience and Specialization

Their experience and specialization are also important. For instance, if your case involves estate litigation, you’ll want a litigator with extensive experience in this area. A litigator’s experience can significantly impact the outcome of your case.

Reputation and References

Also, consider their reputation and references to ensure they have a proven track record of success. You can ask for references from past clients or consult online reviews to get a sense of their reputation in the legal community.

Questions to Ask When Hiring a Litigator

Experience with Trials

Ask about their experience with trials. A good litigator should have a solid track record of successfully handling trials. This indicates that they have the skills and knowledge to effectively represent your interests in court.

Types of Cases Handled

Ask about the types of cases they handle. This will give you an idea of their area of specialization and whether they are a good fit for your case. A litigator who has handled cases similar to yours will be better equipped to handle your case effectively.

Charges and Payment Methods

Inquire about their charges and payment methods. Understanding their fee structure upfront can help you avoid any surprises down the line. Some litigators charge by the hour, while others work on a contingency basis, meaning they only get paid if they win your case.

Who Will Be Working on Your Case

It’s also important to know who will be working on your case. Will it be the litigator you’re speaking with, or will other members of their team be involved? Knowing who will be handling your case can give you peace of mind and ensure that you’re comfortable with the team representing you.

The Impact of Technology on Your Case

Understanding E-Discovery

The legal field has not been left behind in the digital revolution. Understanding e-discovery and its role in your case is crucial. E-discovery refers to the process of identifying, collecting, and producing electronically stored information (ESI) in litigation. Your litigator should be able to handle digital evidence and be comfortable with technology in the courtroom.

The Role of Technology in the Courtroom

Technology plays a significant role in the modern courtroom. From video conferencing to digital presentations of evidence, your litigator should be adept at using technology to present your case effectively. This can significantly impact the efficiency and outcome of your case.

The Impact of COVID-19 on Litigation

Changes to the Litigation Process

The COVID-19 pandemic has brought about changes in the litigation process. Courts have adapted to the pandemic by implementing measures such as virtual court appearances and changes in court schedules. Your litigator should be able to guide you through these changes and explain how they might affect your case.

Making the Final Decision

Evaluating Responses

After evaluating the responses from potential litigators, you’ll be ready to make a decision. Consider their responses to your questions, their experience and specialization, and their reputation. This information will help you make an informed decision.

Trusting Your Instincts

In addition to evaluating their qualifications and experience, trust your instincts. You’ll be working closely with your litigator, so it’s important to choose someone you feel comfortable with and trust to handle your case effectively.

Next Steps After Hiring a Litigator

Once you’ve hired a litigator, they’ll guide you through the next steps of the process. This could include preparing for discovery, developing a case strategy, and preparing for trial. Your litigator will keep you informed and involved every step of the way.

Why You Should Consider Hiring Hess-Verdon Trust Litigation Attorneys

Our Specialization

At Hess-Verdon, we specialize in guiding clients through various aspects of probate litigation. Our team can handle any estate and trust litigation, probate litigation, guardianship/conservatorship litigation, and estate planning.

Our Approach to Resolving Disputes

We’re often able to resolve disputes by removing a trustee or multiple trustees and settling proceedings without going to trial. Our goal is to resolve disputes effectively and efficiently, minimizing the stress and cost for our clients.

Why You Should Consider Hiring Hess-Verdon Trust Litigation Attorneys

At Hess-Verdon, we work diligently to assist individuals, families, fiduciaries, and organizations in comprehending trust documents by providing services to the following clients:

• Trustees
• Beneficiaries
• Individuals and families
• Banks
• Trust Companies
• Charitable entities
• Family Offices
• Corporate Fiduciaries
• Corporate Trustees
• Business Owners

Our team at Hess-Verdon specializes in guiding clients through various aspects of probate litigation, such as investigating potential claims, evaluating the trust document, assessing the merits of pursuing a claim, filing or defending a claim, and, when necessary, litigating a lawsuit through trial or settlement.

Our expert trust litigation team is often able to resolve disputes by removing a trustee or multiple trustees and settling proceedings without going to trial. This is achieved by considering the merits of the positions presented by the respective parties and applying the relevant tax rules.

Rest assured that the Hess-Verdon team is here to support beneficiaries. Unlike some other law firms, we are a full-service firm with extensive experience handling thousands of probate and trust litigation cases. This allows us to identify and implement the critical steps required for your case. Contact us now at 888-318-4430.

Litigation Team vs Attorney

An attorney refers to any lawyer licensed to practice law. In contrast, a litigator is an attorney specializing in taking cases to court, which includes representing clients during trials, settling disputes, and presenting arguments in court.