What is Litigation Counsel?

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  • Written By: Dee S.
  • Edited By: C. Wilborn
  • Last Modified Date: 22 March 2020
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Litigation counsel is essential for anyone trying to sue or anyone being sued by another person, company, or agency. Not only will a litigation attorney give legal advice, but she will also take charge of her client's court trial. Although a good attorney can be pricey, she can save the client money, prevent jail time, or work to bring an opposing party to justice.

Once a person decides that she wants to sue another party or receives notice that she is being sued by another party, it is time to seek litigation counsel. Finding a litigation attorney is the first step in the process. Although there are countless attorneys available, it is best to check out the credentials of prospective lawyers first. Check local bar association websites and talk to others who have been to trial under similar circumstances.

Cases that go to trial can be broken down into many different subsets: corporate law, criminal law, family law, civil law, and insurance law, just to name a few. When selecting an attorney, it is important to pick someone who has experience litigating cases in the same kind of law as the case that concerns the client. For example, if the client is going to divorce her spouse and there is a dispute over marital property, an attorney specializing in family law is the best option, not an attorney who specializes in insurance law.


Once an experienced litigation attorney is selected, there should be a face-to-face meeting. During the course of the meeting, the attorney will take notes on the facts of the case, ask questions of her client, and advise her client on the preliminary course of action that will be taken. In financial cases, for example, she may ask for copies of bank records. In family law cases, she may recommend putting a hold on all credit cards and banking accounts.

Many times, a litigation attorney will settle an impending case out-of-court. Out-of-court settlements save the client time and money; however, the attorney still receives a fee. If the case cannot be settled, the litigation counsel gears up even more. Witnesses may be contacted, experts may be hired, documents will be requested, and court dates will be set.

From the time the attorney is hired to the time the case goes to trial, months may pass. Counseling should occur every step of the way. Sometimes the counsel is broad and sometimes it is specific. For example, an attorney may prepare a client on exactly how she should answer difficult questions. An example of broader litigation counsel can be seen if the attorney teaches her client ways to monitor body language or facial expressions.

Every client wants success. Unfortunately, only one side of an issue can be victorious. Every case is different and every attorney handles matters in different ways. Timely litigation counsel, going to trial, and winning a case can be a life-changing matter for many people.


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