Litigation attorney in Boston MA

To find the difference between lawyer and litigator we must first understand the role and functions of each person. The term Lawyer is not uncommon. Indeed, many of us can explain the term without any difficulty. Litigator, however, is not as common and perhaps unknown to those of us not in the legal field.

We associate the term Lawyer with certain legal aspects such as trials, disputes, consultations and others. Yet, it must be understood that Lawyer is a generic term and includes many roles and functions. Prima facie, a Lawyer refers to a person who is licensed to practice law or whose profession is practicing law.

Litigator, on the other hand, is a subcategory of Lawyer. Given the different aspects in the field of law it becomes clear why Lawyer is simply a generic term. Let’s take a closer look.

The term Lawyer is traditionally defined as a person who is learned in legal matters and has been licensed to practice his/her profession. Before examining exactly what this profession entails, it is important to note that a person receives such a license only after completing a period of study, training, and passing an exam famously called the ‘bar exam’.

When a person receives the license to practice law, he/she is able to carry out a number of functions. These include providing legal advice and assistance to clients, representing people before a court of law or in other legal matters, and preparing and/or drafting legal documents. When providing legal advice, a Lawyer will explain the relevant issues to the clients, the applicable law, and guide them as to the best course of action.

Lawyers are also qualified to represent people before a court of law or other judicial tribunals. Thus, a Lawyer will carry out lawsuits or institute legal action on behalf of his/her client, and will prosecute or defend the client’s cause in court.

The role of a Lawyer may differ from jurisdiction to jurisdiction. In general, however, the above explanation constitutes the standard definition of a Lawyer. Lawyers are also known by other titles such as attorney, solicitor, or barrister.

As mentioned above, the term Lawyer is a generic term. Thus, Lawyers represent a group of professionals licensed to practice law, and within this group there are several sub-categories of Lawyers. A classic example of this is the term Litigator. Many of us have probably heard of the term Litigation.

Litigation refers to any lawsuit or court action that determines a legal dispute. Thus, Lawyers who spend time arguing or contesting such disputes in court are known as Litigators. A Litigator is defined as a Lawyer who specializes in civil or criminal lawsuits and represents one of the parties to a legal action before a court of law.

MacDonald Law Office

Aside from representing clients before a court of law, Litigators also appear for other hearings such as arbitration proceedings or other judicial hearings.

The Litigator’s clients are referred to as ‘litigants’. A Litigator is also known as a trial lawyer, advocate, courtroom lawyer, appointed counsel, counsel representing a party, litigation counsel, or retained counsel.

Thus, a Litigator falls within the group of Lawyer but his/her role is specific in that he/she is primarily and often solely dedicated to appearing before a court of law and arguing legal disputes on behalf of his/her client.

Litigation attorneys, also known as litigators or trial lawyers, represent plaintiffs and defendants in civil lawsuits. They manage all phases of the litigation from the investigation, pleadings, and discovery through the pre-trial, trial, settlement, and appeal processes.

Tasks can vary based on the nature of the dispute, the experience of the attorney, and whether he’s representing the plaintiff or the defendant.

Litigation attorneys in a plaintiff’s case often conduct an initial case investigation to determine if enough evidence exists to warrant filing a lawsuit. In a defendant’s case, he’ll assess what evidence exists to defend a potential or existing suit against his client.

The investigation process can include locating witnesses, taking witness statements, gathering documents, interviewing the client, and investigating the facts leading to the dispute.

Litigation attorneys often engage in pre-litigation settlement discussions to attempt to resolve the matter before a lawsuit is filed. A variety of pleadings and motions must be filed with the court on behalf of both the plaintiff or the defendant in a lawsuit.

Plaintiff attorneys will draft and file a summons and complaint to initiate the lawsuit, and defense attorneys typically draft answers and sometimes counterclaims in response to that initial complaint. Defense attorneys collaborate with their clients to investigate the allegations of the lawsuit to formulate these responses.

Litigation attorneys might also draft a variety of pretrial motions, including motions to strike or dismiss evidence or to change the venue or location of the trial. They might file motions for judgments rendered on the basis of the pleadings, so no court appearance is necessary.

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