A Litigation Attorney, also known as a litigator, is a lawyer hired by a client (usually a person, family, estate or business) to prosecute or defend against a civil lawsuit in either the State Courts or the Federal Courts in the State of Utah. A civil lawsuit can arise in many different areas of law and often concerns the recovery of money or property.
Civil attorneys specialize in a wide range of areas, including: personal injury law, employment law, family law, business and finance law, immigration law, real estate law, landlord tenant law, and more.
Civil attorneys work on non-criminal legal issues. They may, for example, defend clients how have been subjected to violations of privacy rights or destruction of personal property, like a car or other equipment. They might also help people resolve legal disputes between two people, such as settlement for injuries resulting from car accidents.
Civil attorneys handle cases involving contracts and property between individuals, government and businesses. Lawyers typically complete at least 4 years undergraduate studies and get a bachelor’s degree before entering into law school. Law school in the United States is 3 years. Attorneys must also pass the Utah bar exam (which is 2 days long) and become licensed in the State.
You Need a Civil Litigation Lawyer
If you need to file a lawsuit, it is strongly recommended that you seek the assistance of a civil litigation attorney. A trial lawyer can help you navigate the complicated court system and ensure that you do not miss any important deadlines. Plus, a litigation attorney knows the judges, knows their biases, knows what to give the court in writing and in oral argument.
A litigation lawyer can also consider your case and help you determine the likelihood of success should your case to a full blown trial on the merits. If you have been sued, it is important to speak to an attorney right away in order to properly respond to the lawsuit witin the right time period. If the time period passes, you could be stuck with a judgment against you – trust me – you don’t want that to happen.
Responsibilities of a Litigation Attorney
A litigation attorney is one who solely focuses on going to trial in both civil and criminal cases. As you may be aware, civil law consists of areas like family law, probate, intellectual property law, taxation laws, business, real estate, personal injury law and other areas. The law relating to civil wrongs, contracts, torts, quasi-contacts, business relationships are also a part of civil law. Basically, civil law covers any and all types of legal cases that do not involve the criminal justice system.
A trial lawyer can also do criminal proceedings. The rules are different between criminal and civil cases in Utah; however, the majority of courtroom proceedings are the same or similar. In criminal cases, we work to keep the defendant or accused out of jail. We deal with keeping them free and among our society. Sometimes we can get a judge to impose no jail or prison time depending on the rehabilitation of the defendant.
In a trial or litigation, we make opening arguments (also called opening statements), examine witnesses, present evidence, make legal arguments, etc during a trial. In some ways it is like what you see on TV; in other ways, it is nothing like what you see on Law and Order. The burden of proof is always an issue at trial. You are always trying to convince someone that you are right, your position is the correct one.
A litigation attorney has to use both law and facts prove their points. In civil law, a person or company that wishes to file lawsuit or complaint against another party is called the plaintiff. The burden is on the plaintiff to provide its case. The Plaintiff’s job is to present evidence, both facts and law, to the judge who interprets to the law according to the specific facts in your case. This involves legal research, going through not only the statutes, but the case law – meaning prior decisions of courts in our jurisdiction. If we can’t find cases in Utah, we look outside of Utah to support and prove our case. We use those cases and statues in legal briefs called Memorandums of Law to prosecute the case.
Sometimes litigation lawyers also spend time in negotiations and settlement proceedings. Mediation is a tool that we use as well. This step is important because mediation can look at things outside of the box and create some type of win-win (if that is even possible in your case).
Trial Lawyers at Work
As litigators, we work to find resolutions to either criminal or civil cases. These disagreements can be about the definition of contractual agreements, property possession, custody disputes involving minor children, divorces and other matrimonial disputes like child support and alimony, and money for property loss or personal injury or loss of business due to reputation. We can even go after the State or Federal government in some situations.
Our private clients and business clients are our mainstay. We work to resolve disputes in the most cost effective manners for our clients. Whether it is a civil matter or a criminal matter, we want to make sure that our clients are well taken care of. We use every tool that we can to get the job done.
Free Consultation with a Litigation Lawyer
If you are here, you need a litigation attorney, so call the experienced lawyers at Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506