Litigation Lawyer (Litigator)
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A litigation lawyer (“Litigator” or a “Trial Lawyer”) is a law professional who represents people throughout the litigation process, aka the process of taking legal action against an individual and/or organization. Since this is a very broad description, the specific role might vary. Below are some common responsibilities of a litigation lawyer:
- Pre-trial research and preparation
- Contract negotiating
- Organizing/arranging evidence and witnesses
- Representing the client in court
- Filing relevant appeals
In this career, you may work for a client during mediation or settlement proceedings as well as on matters that are heard by a judge in court. Since most civil cases settle out of court, negotiating settlements can be a big part of your job. 1https://www.ziprecruiter.com/e/What-Is-a-Litigator
What do Litigation Lawyers do?
Litigators are responsible for managing the litigation process from start to finish. These types of lawyers are involved in every stage of the litigation process, which includes investigation, pleadings, discovery, pre-trial work, settlement, trial representation, and, if necessary, appeal.2https://www.thebalancecareers.com/the-definition-of-litigator-2164407
Investigation Work
The litigation process usually begins with an investigation to gather all of the necessary details of the case. This portion of the litigation process often involves getting the help of other professionals, such as accountants or private investigators, and can involve identifying and interviewing witnesses who possess important knowledge or information. The purpose of investigating is to collect supporting evidence for the client’s case. 3https://www.thebalancecareers.com/the-definition-of-litigator-2164407
Pleadings
Next, a litigator files a “pleading” with the court, which explains their client’s side of the current legal issue. Both sides of the dispute must file pleadings in a lawsuit. If the litigator’s client is the one initiating the legal action, then they must file a complaint that’s delivered to the defendant. If the litigator’s client is the defendant, then they must file an answer to the complaint. 4https://www.thebalancecareers.com/the-definition-of-litigator-2164407
Discovery
After a legal action is initiated, the investigation proceeds to a “discovery”, aka an exchange of pertinent information between the parties of the case. During this phase, litigators often perform depositions, where they interview the opposing counsel/lawyers and obtain witnesses. They may also ask the court to make decisions on matters relating to the case before the trial begins.5https://www.thebalancecareers.com/the-definition-of-litigator-2164407
Pre-Trial Work
This is any work before going to trial that needs to be completed. For example, a litigator typically handles all necessary conferences, hearings, and meetings with the opposition’s legal team before the trial begins.6https://www.thebalancecareers.com/the-definition-of-litigator-2164407
Settlement
During the pre-trial period, the attorneys involved may negotiate a settlement (aka an outcome/agreement that both parties are satisfied with) rather than going to trial. The litigator participates in this negotiation.7https://www.thebalancecareers.com/the-definition-of-litigator-2164407For example, if somebody was the defendant, they could agree to a settlement where they pay a lump sum of money to the individual taking legal action against them.
Trial
If the litigators don’t reach a settlement agreement during the pre-trial phase, then the case goes to trial. The litigator represents the client during a trial by:
- Helping to choose a jury
- Making opening/closing statements, and arguments
- Questioning witnesses
- Introducing evidence, etc.8https://www.thebalancecareers.com/the-definition-of-litigator-2164407
Appeal
If the litigator’s client is unhappy with the outcome of the trial, then they can file an appeal, which is essentially an official request to review the evidence and try to come to a different conclusion. However, they must present the court with evidence of the reason for appeal, such as a legal error that occurred during the trial.9https://www.thebalancecareers.com/the-definition-of-litigator-2164407
What is the difference between a Litigator and a Trial Lawyer?
Below is a table from The Balance:
Litigators | Trial Lawyers |
|---|---|
| Involved in the entire litigation process from start to finish | Mainly involved in the trial portion of litigation and not the rest of the process |
| Usually spend more time working outside of the courtroom on a case than inside | Usually spend a good portion of a case inside the courtroom |
| Can also be trial lawyers | Can also be litigators |
What types of Litigation Lawyer Jobs are out there?
A litigator can be one of many different types of specializations. Additionally, there is often some overlap, but below are some common examples (from The Civil Litigator):
- Business & Commercial Litigation
- Public Interest Litigation
- Civil Litigation
- Patent Litigation
- Personal Injury Litigation
What types of skills are necessary to be a successful Litigator?
- Communication-Skills
- Writing Skills
- Personable
- Persuasive
- Organized
- Law School Degree/Understanding of the law
- Research Skills
- Negotiation Skills
- Attention to detail
What are some challenges of being a Litigator?
- Can work long hours
- A lot of paper work
- Need to be a law school graduate (costs a lot of time and money)
- Some law work is getting automated by the tech industry nowadays
- Working with difficult clients
What are some benefits of being a Litigator?
- A lot of career options
- Learn valuable skills
- Strong compensation
- Work with many intelligent individuals
- Build strong relationships with coworkers and clients
- Good reputation
- Solve interesting problems
- Most cases are different, which is exciting
Typical Salary?
According to payscale, the median salary for a litigator is around $87k. However, this number varies depending on the type of litigator you are, where you work, experience level, etc.
Should I become a Litigation Lawyer?
If you are interested in the law and want to help individuals solve major issues in their life, you should consider being a litigation lawyer. There are many types of litigation lawyers and it can be very exciting researching evidence and building a case.
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