Litigation is the formal process of resolving disputes through the court system, where parties bring their claims before a judge or jury for a legal decision. Whether the dispute involves individuals, businesses, or other entities, litigation attorneys—also known as trial lawyers—play a vital role in guiding clients through each stage of the process. From the initial filing of a lawsuit to the final resolution, litigation lawyers work diligently to protect their clients’ interests and achieve the most favorable outcome possible.
In both state and federal courts, litigation lawyers handle a wide range of civil lawsuits, representing clients in matters such as business disputes, contract claims, and more. Their expertise ensures that the litigation process is managed in a cost-effective and efficient manner, often seeking to resolve disputes through settlement negotiations before a case reaches trial. By understanding the complexities of litigation law, attorneys help clients navigate the legal system, safeguard their rights, and pursue the best possible results for their unique situations.
Litigation Law: What Does a Litigation Lawyer Do?
Litigation lawyers specialize in representing clients in civil lawsuits, which involve disputes between individuals, businesses, or other entities. Their primary role is to advocate for their clients’ interests throughout the litigation process, which typically includes pre-trial, trial, and post-trial phases. Litigation lawyers handle a wide range of cases, including contract disputes, personal injury claims, employment disputes, and more.
They are skilled legal professionals who possess in-depth knowledge of procedural rules, evidence, and courtroom strategy.
Some roles and responsibilities of litigation lawyers include:
Case Assessment
Litigation lawyers begin by assessing the merits of their clients’ cases. They conduct thorough reviews of the facts, evidence, and applicable laws, including any breach of contract or breach of fiduciary duty, to determine the strengths and weaknesses of the case. As part of this assessment, litigation lawyers also review witness statements and insurance claims to build a strong case. Intellectual property disputes are among the types of cases that may be evaluated during this initial review. Based on their assessment, they provide strategic advice on the best course of action, whether it involves pursuing litigation or seeking alternative dispute resolution methods such as negotiation or mediation.
Legal Representation
Once litigation commences, litigation lawyers serve as their clients’ legal representatives, advocating for them in court proceedings. Litigation lawyers may represent clients in both state and federal court, depending on the nature of the dispute. They must have a law degree to practice and are qualified to represent not only individuals but also companies, often interacting with other parties such as business partners, shareholders, or lenders involved in the dispute. This involves drafting legal documents, such as complaints, motions, and briefs, and presenting oral arguments before judges and juries. Litigation lawyers leverage their knowledge of the law and persuasive communication skills to present compelling arguments and defend their clients’ rights. If the outcome of a trial is unfavorable, litigation lawyers can also file an appeal on behalf of their clients.
Negotiation and Settlement
In many civil cases, litigation lawyers work to settle disputes outside of court through negotiation. Many civil cases are settled through negotiation rather than proceeding to trial. Litigation lawyers have represented clients in settlement negotiations to achieve favorable outcomes for the client with opposing parties. They engage in discussions and negotiations to resolve disputes, often striving to achieve outcomes that meet their clients’ objectives while avoiding the time and expense of trial.
Trial Advocacy
In cases that proceed to trial, litigation lawyers play a central role in presenting evidence, including reviewing and analyzing witness statements, examining witnesses, and making legal arguments before the court. Litigation lawyers may represent either the plaintiff, who initiates the lawsuit seeking damages or relief, or the defendant, who is responding to the claims. When representing a company, trial advocacy often focuses on establishing or contesting liability, as the legal responsibilities and risks for a business entity can be significant in high-stakes disputes. They use their trial advocacy skills to effectively communicate their clients’ positions and persuade judges and juries to rule in their favor. Throughout the trial process, litigation lawyers remain focused on achieving the best possible outcome for their clients while adhering to legal procedures and rules of evidence.
Types of Litigation Cases We Handle
At Taylor Odachowski Schmidt & Crossland, LLC, we represent clients in a diverse range of litigation matters. Our experienced litigation attorneys bring decades of knowledge and courtroom experience to every case we handle. Our litigation practice encompasses several key areas:
Real Estate Litigation
We assist property owners, buyers, sellers, landlords, tenants, and developers in resolving disputes related to real estate transactions and ownership. This includes boundary disputes, title issues, easement conflicts, construction defects, and landlord-tenant matters. Our attorneys understand the complexities of Georgia real estate law and work diligently to protect your property interests.
Business Litigation
When business disputes arise, our litigation team provides strategic representation to protect your company’s interests. We handle partnership disputes, breach of contract claims, business torts, shareholder disputes, and unfair competition cases. Our attorneys combine legal experience with business acumen to develop practical solutions, safeguarding your business objectives.
Estate and Probate Litigation
Disputes involving wills, trusts, and estate administration can be emotionally challenging and legally complex. Our litigation attorneys represent beneficiaries, personal representatives, and trustees in matters involving will contests, trust disputes, fiduciary duty claims, and contested guardianships. We work to resolve these sensitive matters efficiently while preserving family relationships when possible.
Personal Injury Claims
Our firm represents individuals who have suffered injuries due to the negligence of others. This includes cases involving automobile accidents, premises liability, and other incidents resulting in significant harm. We advocate vigorously for fair compensation for medical expenses, lost wages, and pain and suffering.
The Litigation Process Explained
Understanding the litigation process can help alleviate the stress and uncertainty that often accompany legal disputes. While each case is unique, most litigation matters follow a similar progression:
Initial Consultation and Case Evaluation
The litigation process begins with a thorough consultation where we review the facts of your case, evaluate potential claims or defenses, and discuss legal options. Our attorneys provide an honest assessment of your case’s strengths and weaknesses, along with potential strategies for moving forward.
Pleading Phase
If proceeding with litigation is appropriate, we prepare and file the necessary documents to initiate or respond to a lawsuit. For plaintiffs, this involves drafting and filing a complaint that outlines the claims and requests for relief. For defendants, we prepare an answer to the complaint, along with any counterclaims or affirmative defenses.
Discovery Phase
Discovery is the formal process of gathering evidence and information relevant to the case. This may include:
- Written interrogatories (questions that must be answered under oath)
- Requests for document production
- Depositions (sworn testimony from parties and witnesses)
- Requests for admission
- Subpoenas for records from third parties
Our attorneys manage this critical phase thoroughly, ensuring all relevant information is obtained while protecting privileged information.
Pre-Trial Motions and Negotiations
Throughout the litigation process, we may file various motions to shape the case, such as motions to dismiss certain claims or motions for summary judgment. Simultaneously, we engage in settlement negotiations with opposing counsel to explore the possibility of resolving the dispute without a trial.
Trial Preparation and Trial
If the case proceeds to trial, our litigation team meticulously prepares by organizing evidence, preparing witnesses, developing trial exhibits, and crafting persuasive arguments. During trial, we present your case through opening statements, witness examinations, evidence presentation, and closing arguments.
Post-Trial and Appeals
Following a verdict, we evaluate the outcome and advise on post-trial options, which may include filing post-trial motions or pursuing an appeal if warranted. At Taylor Odachowski Schmidt & Crossland, LLC, we provide practical, solution-oriented advice tailored to your specific situation.
When to Consult a Litigation Attorney
Knowing when to seek legal counsel can significantly impact the outcome of a potential dispute. Here are several situations that may warrant consulting with a litigation attorney:
Contract Disputes or Breaches
If you believe another party has violated the terms of a contract or if you’re being accused of breach, consult an attorney promptly. Early legal intervention may help resolve the issue before formal litigation becomes necessary.
Threats of Legal Action
If you receive a demand letter, notice of intent to sue, or any communication threatening legal action, contact a litigation attorney immediately. Responding appropriately from the outset can dramatically affect the course of the dispute.
Business Relationship Breakdowns
When partnerships, shareholder relationships, or business collaborations deteriorate and informal resolution attempts fail, legal counsel can help protect your interests and navigate the formal dissolution process.
Real Estate Transaction Problems
Issues with property purchases, sales, development projects, or lease agreements often benefit from early legal assessment. Our attorneys can identify potential remedies before positions harden and litigation becomes inevitable.
Inheritance and Estate Disputes
Disagreements over inheritance, estate administration, or trust management should be addressed with legal counsel before family relationships become irreparably damaged. Early intervention often leads to more amicable resolutions.
Schedule a Consultation With Our Experienced Litigation Lawyers Today
Professional litigation lawyers are crucial in helping individuals and businesses navigate the legal system and resolve disputes effectively. Whether you’re facing a complex civil lawsuit, a business dispute, or a personal injury claim, having a skilled litigation lawyer from a reputable law firm on your side can make a significant difference in the outcome of your case. By providing expert legal guidance, advocacy, and representation, professional litigation lawyers empower their clients to protect their rights and achieve favorable resolutions across a range of practice areas.
At Taylor Odachowski Schmidt & Crossland, LLC, our team of dedicated litigation lawyers is committed to providing top-notch legal services and fighting tirelessly for our clients’ interests. With our extensive experience and track record of success, you can trust us to handle your case with the utmost professionalism and dedication. Contact us today to schedule a consultation online or by calling (912) 634-0955 and take the first step toward resolving your legal matter with confidence.
