Ever had a civil or criminal case that required a lawyer to defend or represent you in court? The lawyer who does this is known as a trial lawyer, or in a more formal term; a litigation attorney.
A trial lawyer is one that uses litigation techniques and jurisprudential knowledge to defend and represent a client in court.
What cases do trial lawyers handle?
A trial lawyer can handle both civil and criminal cases. Examples of some civil cases handled by a trial lawyer include:
- Personal injury cases
- Public interest cases
- Patent litigation
- Business and commercial cases
Personal injury cases
Personal injury case lawyers represent a complainant or a defendant in a personal injury case. The complainant has to file a cause of action against the defendant stating that the defendant has allegedly caused the complainant personal injury due to his/her actions. A trial lawyer may represent either party in a trial.
Public interest cases
Trial lawyers involved with public interest speak up for the less privileged and minority groups. Most of them are human rights activists.
Patent litigation
Remember when Rihanna sued her dad for using Fenty as his brand after she had named her cosmetic company after their surname, Fenty? Patent litigation involves the unlawful usage of someone’s intellectual property. The plaintiff may sue the defendant in court for infringing the use of a patent. A trial lawyer can now represent either party and reach a negotiation of monetary settlement or discontinuation of infringement.
Business and commercial cases
Trial lawyers involved with business cases represent companies, employers, employees, and others in a business during the trial. They handle disputes such as shareholder disputes, contractual disputes, financial disputes, and so many other disputes. It is necessary for every company, start-up, or small business to have a trial lawyer.
Duties Of A Trial Lawyer
- The investigation, Interrogation, and consulting with witnesses.
- Draft complaints and counterclaims.
- Answers complaints and counterclaims.
- Conducts depositions and defends against depositions.
- Gathers evidence and witnesses and prepares them for trial.
- Prepares and plans for trial.
- Negotiating with opposing attorney.
- Representing the client at trial.
- Presenting legal arguments in court
How does one become a trial lawyer?
In general, becoming a trial lawyer is the same as being a lawyer in other specialties.
Lawyers obtain a bachelor’s degree from a university, then proceed to law school for a JD (Juris Doctorate), pass the bar exam, take the oath and hurray! You’ve obtained a license to practice trial law.
But then, it takes more than the obvious to become an outstanding trial lawyer.
Also check: Difference between a Lawyer and an Attorney
4 Necessary Traits Every Trial Lawyers Needs To Win Cases
Organization: A great trial lawyer must be organized. Knowing her client’s fate depends on her ability, she leaves nothing to fate. She prepares herself, her clients, evidence, and every legal document needed in court. She plans all the way to the end and uses every jurisprudential knowledge and tactic necessary for each hearing.
In-depth knowledge: Representing a client in court means that you must have a detailed study of the case and as well an in-depth knowledge of the law, in order to know how to defend the client. As a trial lawyer, you should be very knowledgeable about the law, studiously and meticulously researching similar cases in the past.
Effective communication skills: Every great trial lawyer should know that the ability to communicate effectively with clients and witnesses is paramount. The ability to investigate, put clues together and figure out the situation is highly necessary for a lawyer to win a case.
Eloquence and Litigiousness: To win a case, you have to present your argument eloquently. Your ability to be litigious during the hearing will come a long way in helping you win a case. Make sure you know and have studied the case. Speak effectively with boldness and persuasion. Let your body language and carriage show your level of preparedness to win. Interrogate and, cross-examine with boldness. The floor is yours.
Conclusion
Being a great trial lawyer takes time and practice. If you didn’t know why you need a trial lawyer, I hope this article was helpful. If you are studying to be a litigation attorney, I hope you find the article helpful too.
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