What is litigation and Litigation Lawyer
What is litigation?
Litigation is the act of presenting case in the court. It involves the process of instituting legal action in the court while observing the rules of the court. When people are having scuffles or difference, it may be hard for them to decide on the best way to resolve their dispute. However, either of the parties can decide to institute an action in the court praying the court to resolve their difference.
The act of suing someone in the court of law in order for their differences or disputes to be resolved by the Judex is what we called litigation.
In Litigation, three parties are involved: 1. The person suing 2. The person sued and 3. The Court.
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The end part of litigation is win –Loss and there is always a high waste of money, strength and time in course of Litigation. The process of litigation is rigid and technical. Many actions may be struck out from the dockets of the court based on technicality. In the other hand, the person adjudicating the matter may not be an expert in the field.
The foregoing setbacks faced in litigation gave rise to other Alternative Dispute Resolution mechanisms, to wit: Arbitration, Conciliation, Negotiation and Mediation.
When people chose to join the legal profession as practitioner, they may decide on the areas of law that they will based their practice. While some will chose appearing in the court and presenting the case of their clients, others may chose sitting in their office and drafting legal documents for their clients. The lawyers that chose appearing in the court and defending the course of his client in a dispute is what we called “Litigation Lawyer”.
Litigation lawyers are those legal practitioners called to the bar and who based their law practice in the court room and advocacy. They may proffer legal advice to their clients and also explain both the strength and weakness of their case. Meanwhile, they may also suggest other Alternative Dispute Resolution mechanisms to their clients but at the later end, if their client persist in going to the court, they will majestically represent them in the court.
Litigation Lawyer can be likened to the mouthpiece of their clients in the court. They usually possess effective communication, negotiation and organisation skills.
The interest of their client is always their ultimate goal in the court and they are not expected to compromise on this. They usually have client – counsel relationship existing between them.
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Litigation Lawyers are meant to advise their clients but they will always obey the instructions of their clients. They are also expected to obey and respect the court while presenting the case of their clients.
The opposing counsel is not their enemy neither is the person that they are representing in the case.
What the Law demands of all Litigation Lawyers is that they should advise their clients appropriately and to also represent them effectively in the court. Failure in the above duties may fetch a litigation lawyer a civil suit tagged, Professional Negligent.
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