Wed. Oct 20th, 2021

The terms attorney and lawyer are synonymous. Each of these titles describes a career professional who holds the academic credentials necessary to represent others in a court of law. However, you may have heard certain attorneys being referred to as litigators or trial lawyers. Litigation and trial are not the same; there are a few key differences between each one. The explanations below can help you better understand litigation law and the attorneys who practice it.

What is litigation?

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Litigation or litigation law refers to the set of regulations and practices surrounding dispute resolution within the court system. Litigation is primarily associated with tort law. However, litigation can arise in nearly every type of case. Since the term “litigation” refers primarily to court proceedings, many people have the misconception that it is synonymous with trial work. Unlike trial work, litigation procedures typically begin long before the case reaches the courtroom. An easy way to determine whether or not a legal dispute will go to litigation is if it would be solved through a lawsuit. Conversely, a legal matter that can be solved through an agreement or negotiation would not need to move to litigation.

What is pre-litigation?

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The pre-litigation stage encompasses all legal actions that take place before a case moves to litigation. For example, suppose you have been involved in a car accident that gave rise to a personal injury claim. In that case, your attorney will collect information about the damages and attempt to negotiate a settlement with the liable insurance party. If the legal team and the insurers are unable to come to an agreement, the case will likely move to litigation. Everything that occurred before filing the lawsuit would be considered pre-litigation.

The collection of evidence and negotiations procedures are considered pre-litigation actions. During this stage, each party speaks with one another directly. Since lawsuits tend to be time- and money-consuming, many people make a solid effort to resolve a case during this time. After deliberations, if an agreement cannot be made, the first step is filing a summons and complaint. Those two court filings mark the beginning of the lawsuit.

Which types of attorneys handle litigation?

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The legal professionals who handle cases that go beyond the pre-litigation stage are often referred to as litigators. These attorneys are well-versed in handling disputes within the court system and filing motions and orders. They can represent plaintiffs or defendants. Although not every litigation case ends up before a judge, these types of lawyers spend much of their time in the courtroom arguing their cases.

Suppose you have been involved in an incident that gave rise to a legal matter. In that case, it is best to seek professional legal advice immediately. Should your claim be viable for a lawsuit, it is in your best interest to retain the services of a law firm that is experienced in litigation law. Although many attorneys are equipped to handle litigation in addition to pre-litigation, the expertise of a seasoned litigator will be exponentially valuable to your case.

For additional information or to get in contact with experienced trial lawyers, try visiting howardfensterman.com. This website belongs to the reputable law offices of Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP. The legal world can be complicated, and a claim or lawsuit may involve several tight deadlines. Time is of the essence in every legal matter, so it is best to seek help as soon as possible. Many law firms offer free or low-cost consultations to assist people in determining the strength of their case and what actions they can take to protect themselves.