A commercial litigation attorney serves as a representation for defendants and plaintiffs in civil cases. Every phase of the litigation process, from the investigation to the settlement, is managed by the litigator. In addition to the investigation and settlement, litigators are also deeply involved in the pleadings, pre-trial proceedings, and appeals.
Evidence examination and analysis
Before the commencement of the case, it is common that a commercial litigation attorney will conduct an investigation in order to confirm whether or not there is sufficient enough evidence for either the defense of the suit or the filing of a lawsuit. Some of the methods that a litigator may use our witness statement collection, client interviews, and the collection of all relevant documents.
Motions and pleadings
A commercial litigation lawyer for defendants can collaborate with their clients in order to decide on the most effective response to the allegation(s). Litigators for plaintiffs can be responsible for the creation of the summons/complaints that are necessary in order to initiate a lawsuit. In addition to response formulation and summons drafting, commercial litigation attorneys may also initiate the motion to change, dismiss, or strike any motions or venues already in place.
Discovery process and devices
Before any case can commence, there needs to be a sufficient trade of information between all of the concerned parties in the case. In order to facilitate an effective trade of all information, the commercial litigation attorney can use several helpful devices. Deposition, production requests, admission requests, and interrogatories are all examples of different devices that a litigator can use in order to create an effective exchange of information. The process of discovery is important for the most organized formulation of case strategies and issue identification.
In the weeks before the trial, the litigator may choose to attend pre-trial conferences, call upon expert witnesses, and consult/advise their clients in order to finalize their strategy. All of the trial exhibits and pre-trial motions are to be drafted and prepared.
Typically, most of civil lawsuits are settled before proceeding to trial. In the event that the lawsuit does proceed to trial, then the litigation attorney will select the jury, present opening and closing statements, cross-examine the witnesses, and attempt to deliver a credible narrative for all factfinders to reach the desired verdict.
At any time during the litigation, commercial litigators might settle the case in order to avoid the expenses of the trial. All opposing parties are free to negotiate through agreements, releases, and settlement brochures.
In the event that the commercial litigation lawyer does not receive the verdict that they were after, then there is the option of appealing. Post-trial motions, issue identification/preservation, appellate strategies, and verbal request may be submitted at appellate courts.
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