Legal Definitions - litigator

A litigator is a lawyer who specializes in representing clients in legal disputes that may lead to or are currently involved in a lawsuit. Their primary role is to manage and navigate cases through the court system, from the initial stages of investigation and evidence gathering to trial and, if necessary, appeals.

Key responsibilities of a litigator include:

• Case Preparation: Researching legal precedents, interviewing witnesses, and gathering evidence.
• Discovery: Exchanging information and documents with the opposing party to understand their case and prepare for trial.
• Pretrial Motions: Filing requests with the court to resolve specific issues before a trial begins.
• Trial Advocacy: Presenting arguments, examining witnesses, and submitting evidence in court before a judge or jury.
• Appeals: Arguing cases in higher courts if a party believes there was a legal error in the initial trial.

Here are some examples illustrating the role of a litigator:

• Example 1: Business Contract Dispute

  A software development company believes a client failed to pay for services rendered according to their contract. They hire a litigator to recover the outstanding payment. The litigator would first attempt to negotiate a settlement, but if unsuccessful, they would file a lawsuit on behalf of the software company. This involves drafting the complaint, conducting depositions of key personnel from both sides, managing the exchange of financial documents, and preparing to argue the case in court if it proceeds to trial.

  This example demonstrates a litigator's role in initiating legal action, managing the evidence-gathering process (discovery), and preparing to advocate for their client's financial interests in a commercial dispute.

• Example 2: Medical Malpractice Claim

  An individual believes they suffered harm due to a doctor's negligence during a surgical procedure. They seek out a litigator specializing in medical malpractice. The litigator would meticulously review medical records, consult with expert witnesses to determine if negligence occurred, and then file a lawsuit against the doctor and hospital. They would then represent the client through all stages, including settlement negotiations, pretrial hearings, and potentially a full trial where they would present the case to a jury.

  Here, the litigator is responsible for investigating a complex claim, building a case with expert testimony, filing a lawsuit, and representing the injured party in court to seek compensation for damages.

• Example 3: Property Boundary Dispute

  Two neighbors disagree over the exact boundary line between their properties, leading to a dispute about a shared fence. One neighbor hires a litigator to resolve the issue legally. The litigator would examine property deeds, survey maps, and local zoning ordinances. They might attempt mediation or arbitration, but if those fail, they would file a lawsuit seeking a court order to establish the correct boundary. The litigator would then present evidence and arguments to the judge, potentially calling surveyors and other experts as witnesses.

  This scenario highlights a litigator's work in resolving real estate disputes, involving legal research, evidence presentation, and advocating for a client's property rights in a court setting.