A litigation attorney is most simply an attorney who specializes in litigation. Litigation is basically just a fancy legal term for the practice of carrying a lawsuit through the court process. At the heart of these cases there is almost always a litigation attorney. Knowing the difference between litigation attorneys and other types of attorneys can help you hire the right one for your needs.

Different Types Of Attorneys

Many people don’t realize that not all lawyers present cases in a court of law in front of a judge and jury. Television shows and high profile news cases glamorize lawyers and courtroom proceedings, making it seem as though lawyers spend all their time in court, presenting evidence and arguing cases before a judge and jury. This couldn’t be further from the truth.

In fact, the vast majority of lawyers never see the inside of a courtroom. They spend most of their time advising their clients on the law or drafting and reviewing documents. These lawyers may be general practice lawyers, estate attorneys or work for large corporations as corporate attorneys, sometimes called legal counsel. Criminal law attorneys represent those accused of committing crimes and often find themselves representing clients in a courtroom. Still other attorneys work for various units of government as state attorney generals, public defenders or prosecutors.

Litigation attorneys, by contrast, are lawyers who specialize in lawsuits. They tend to specialize in civil law and are most often the type of attorney you will find in a courtroom. If you intend to go to court to settle a dispute, you’ll need one of these lawyers.

Education And Training

Like all attorneys, litigators have completed four years of undergraduate schooling followed by an additional three years of law school. Following graduation, they must pass the bar exam for the state in which they intend to work before they can practice law. Attorneys often participate in continuing education classes and may even take additional law school courses in order to specialize in a certain area of law such as probate, wills, bankruptcy, divorce or insurance, among many others.

Most litigation attorneys will have chosen one or two areas of focus. They will devote time throughout their career to honing their knowledge related to these areas of law and keeping current with changes to the law.

What A Litigation Attorney Does

The primary job of this attorney is to carry a case to and through the court system.

He or she performs all of the pre-trial work needed to get a lawsuit moving. This includes creating a written demand for resolution or direct filing of a lawsuit. Once the lawsuit has been filed, the lawyer will perform research related to the suit such as questioning witnesses and gathering evidence for use in the event the case goes to trial.

If the case does go to trial, the litigation attorney will represent the client at the trial. He or she will present the client’s case, question and cross-examine witnesses, and introduce evidence. The attorney is interested in getting the best possible result for the client. Sometimes that involves going to court, but the lawyer may also successfully bring resolution to the dispute by settling out of court.

Benefits Of Hiring A Litigation Lawyer

Litigators are knowledgeable about the law in general, which is necessary for resolving a dispute. But they are also well versed in the rules governing court cases. There are procedures and rules that must be followed to properly file and litigate a claim. Having someone on your side who has this knowledge is a prime reason why people hire litigation lawyers to present their cases.

It is important to understand the qualifications and limitations of any lawyer you hire. If you intend to settle a dispute in court, the experience that a litigation attorney can offer may prove invaluable to you. Choosing an attorney is just like choosing any other service provider. You want to make sure you choose the right one for the right job.

Wagner Sidlofsky LLP is a Toronto boutique litigation firm providing counsel to international and Canadian individuals and businesses involved in disputes. The firm’s areas of practice include Estate Litigation, Commercial Litigation, Elder Law and Tax Litigation. They only litigate. As a niche law firm, their lawyers’ proficiency has developed from the single minded focus of practice in areas of expertise. Every lawyer brings his/her own unique talents to the firm, but each shares a commitment to excellence. They get results for their clients by tenaciously and aggressively advocating for their clients. The firm’s lawyers regularly appear in the Ontario Superior Court of Justice and the Ontario Court of Appeal as well as various administrative tribunals.

Selecting a divorce attorney can be a pretty daunting task. No one wants to sift through online advertisements and hire the first divorce attorney that they find. This will be the individual that will assist in negotiating the terms of the divorce, so it is vital to ensure they have the credentials, skill and experience, and style required at a price that is affordable.

Your divorce lawyer is not your personal therapist. This is not the person to be talking to if you have any unaddressed emotional or psychological issues. They are only there to assist you legally.

Your divorce lawyer is not a minister or priest. If you really need spiritual advice, your lawyer is not going to cut it.

Your divorce lawyer should absolutely not represent both you and your spouse. There is just no way to be completely neutral to both parties. It is true that an attorney can represent one side with the other continuing without a lawyer. You should however be extremely cautious of any lawyer claiming they can represent both sides in a divorce.

Choosing the correct family law firm can help you retain your financial security. But, choosing the wrong one can cause you to lose assets that you should retain. Worst of all an incompetent lawyer could also cause you to lose your parental rights as well.

What you want is a knowledgeable attorney that is willing to fight tooth and nail for you. They should also walk you through the entire process and respect what you need during this hard time. Many times litigants will change lawyers multiple times before the case is even concluded. The reason being is that they do not put in the time or effort to properly find the right family law firm.

The process of divorce when you take it down to its essence is simply two people coming to an agreement about no longer staying married and figuring out how to best live their lives apart. Throughout this there are several key things that need to be resolved:

Parenting Schedules, Financial Support and Child Custody – You need an experienced family lawyer to handle this area as it is very complex.

Finance Matters – Money, banking accounts, money market funds and anything relating to your joint finances

Retirement Finances – IRAs, pensions, pre-determined retirement plans and anything relating to your retirement

Property – All tangible items including cars, jewelry, tools, furniture, photographs and all personal property needs to be sorted out

Life Insurance – Whole life insurance policies have cash value

Your Debts – I know that no one wants to take responsibility of the financial debts that come from a marriage but this is a complicated and critical subject for your lawyer to handle.

Spousal Support – Sometimes spousal support is granted if one party earns more money than the other in comparison. The length of the marriage will also determine how much is paid for spousal support.

The family law firm that you choose should fit the following criteria and should follow these standards:

Complete Knowledge Of Family Law

Without a doubt the overall thing you want in a family law attorney is knowledge of family law. Experienced family law firms will not only be familiar with the law but will also be up to date on legal trends and the legal system in general. A good lawyer will be able to handle any emergency that might come up during your case and handle it effortlessly.

Comfort Level

You are after all paying for their services so you should be at ease and always treated with respect. Often going with your instincts will help you choose the right lawyer. It is very important that you feel comfortable with your attorney so you don’t hesitate to ask about anything, no matter how trivial you think it is.

Do They Want To Win?

Although this can be pretty difficult to figure out during your first visit it is much more likely that they will be aggressive and determined to win for you if they are exited at the onset. A disinterested lawyer will miss many facts about your case.

Do They Have Support?

Any good family law firm has multiple staff members including other attorneys and paralegals. The more complicated your case the more assistance will be needed. Oftentimes specialists are called in to help your case. Having the proper people supporting them will allow your lawyer to be more focused.

Divorce can be a very stressful and emotionally painful experience. In a difficult time such as this it’s not only tough on you but on your family as well. Now is not the time to have the additional stress of wondering if you picked the right lawyer.

The lawyer that you have representing you should not be an obstacle. They should be experienced, strong and ready to fight for you and your best interests. With a good lawyer at your side you can focus on your family’s emotional status. You will only make this time harder on yourself by not carefully choosing the right lawyer.

C. Todd Marks is an attorney who believes in an environment that shows respect and professionalism not only to their clients, but also to their adversaries and their counsel. By doing so they establish goodwill that ultimately benefits their clients.