Civil litigation describes a legal dispute that occurs between multiple parties (two or more) in which one party requires damages (financial) or 'specific performance' as opposed to criminal sanction (this is different from a criminal case then). Specific performance here might mean removing a product from a store then, if it is perceived to be in breach of copyright for instance, or it might be someone suing another person and requiring an apology.
Lawyers who act as 'litigators' are responsible here for helping with various aspects. They might for instance act as mediators, or they might help to prepare one party fo the case and to help them amass evidence, decide on how to plead and generally improve their chances of success.
Civil litigators such as Matt Couloute will often be involved in many different kinds of legal disputes. Some examples of things that they might encounter include:
Environmental Law
Landlord/Tenant Disputes
Injury Claims
Medical Malpractice
Real Estate
Anti-Trust
Education Law
Worker's Compensation
Intellectual Property and more€¦
In short then if you have been perceived to have done wrong to another party in any way then they might choose to take you to court. Similarly though, if you were to find that someone had used your intellectual property, or you believed your employer or landlord had breached contract resulting in your suffering €" then you may choose to use a litigator in order to help you pursue some form of compensation.
Litigators such as Matthew Couloute have many different roles. They will help to advise clients for instance on how best to proceed in order to have the best chances of success, they will help to collect and identify evidence and witnesses, they will help to explain the process and generally put their clients' minds at ease, and they will help to speak on your behalf in court in such a way that might convince the judge and jury.
The litigation 'life cycle' refers to the common stages of litigation and the amount of time it takes. There are normally seven stages explained when it comes to litigation. These are investigation, pleadings, discovery, pre-trial, the trial itself, settlement and appeal. Of course not every lawsuit ill pass through every one of these stages €" for instance an appeal will only occur if one party feels they disagree with the verdict and think that they and their attorney can help to reverse it.
The duration of litigation can vary wildly for this and other reasons. It may take several months (though rarely less) and can sometimes last years. In some cases complex cases might take years simply to pass from pre-suit investigation to trial. As a rule, discovery takes longer than any of the other stages.
When finding a litigator it is crucial to look for certain skills. The key skills should be of course knowledge of procedural law (and the specific area), good strong written and oral communication skill, analytical reasoning, interpersonal and persuasion skills, and good client relationships.
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