What is Litigation Law?

Law is a complex field with different facets and specialities, one of which is litigation law. In the simplest of terms, litigation refers to proceedings initiated between two opposing parties to enforce or defend a legal right. In other words, it is an action brought in court to handle a particular dispute. Litigation law, therefore, encompasses the rules and practices involved in such legal disputes.

The litigation process includes several activities that may need months or even years for disputes to get resolved. It can include activities like investigations, pleadings, discovery, pre-trial, trial, settlement, and even appeal, depending on the nature of the dispute. It is ordinary citizens, corporations, and in some cases, non-profit organizations that engage in litigation.

Recognizing that litigation law is a process and not an event, is crucial. It includes a wide range of activities before, during, and after a lawsuit to enforce a legal right. As part of our undertaking to understand this area of law more profoundly, let us explore some fundamental aspects of litigation law.

Stages in Litigation

In litigation, the first step generally is filing the pleadings. The plaintiff, or the person or entity making the complaint, files a document known as the complaint. This paperwork states what the defendant did or failed to do that led to harm or damage and what should be the legal remedy. The defendant must then respond to these allegations and claims in what is called an answer.

Following this, the discovery process begins. This refers to the phase in which each party investigates the facts of the case from the opponent’s angle. In the pre-trial phase, consultation with the clientele and preparation of trial takes place. If the case does not settle, it moves to trial and if necessary, the appeal phase.

The role of litigation lawyers

In the legal proceedings, litigation lawyers, often referred to as litigators, play a crucial role. They represent the plaintiff or the defendant in handling every phase of the case from investigation, pleadings, discovery, pretrial, trial, settlement up to appeal.

Litigation lawyers may specialize in a particular area or offer a broader range of dispute resolution services. Some litigators work on property cases, others specialize in commercial disputes, while some others handle civil rights cases. strata lawyers Sydney, for example, specialize in strata schemes, which typically encompass apartment, unit, and townhouse complexes, as well as commercial buildings.

Sometimes, the resolution of disputes involving corporations or businesses can be quite complex and require specialist assistance. This is where litigators step in to offer their expertise, skills, and nuance to ensure the dispute is handled professionally, equitably, and promptly.

Conclusion

In conclusion, litigation law is an essential aspect of the legal spectrum because it provides a forum for individuals and entities to resolve disputes fairly and equitably. It involves a detailed process in which litigators play a central role, right from the investigation through to appeal if required. Litigators like the strata lawyers Sydney specialize in specific areas to provide expert assistance, ensuring that justice is served in each case.