In essence, the primary role of litigation attorneys is to represent plaintiffs and defendants in civil lawsuits. In the Miami-Dade area, civil litigations encompass a wide array of legal conflicts involving parties who seek compensation or other forms of legal relief in court.
Keep reading to discover the role of a Miami civil litigation attorney.
The Role of a Civil Litigation Attorney in Miami – An Introduction
Typically, people who need to file a lawsuit against another person or defend against allegations in civil litigation will seek guidance from an attorney. As its name suggests, attorneys who specialize in this segment focus on cases of civil litigation.
In most cases, the civil litigation attorney is responsible for managing all phases during litigation, which includes the investigation process, pleadings, discovery, pre-trial, trial, settlement, and appeals (if necessary).
As the legal scope of civil litigations tends to be very broad, the work of civil litigation attorneys varies depending on the nature of each case and whether the client is the plaintiff or the defendant in the case.
What Does a Civil Litigation Attorney in Miami Do? – An Overview
Case Assessment and Investigation
Before proceeding with a lawsuit, a civil litigation attorney will sit down with a prospective client to assess the case in detail. If the client is a plaintiff, the attorney will determine the existence of sufficient evidence to file a lawsuit.
On the other hand, if the client is a defendant, the attorney will evaluate the existing evidence to defend against potential or existing claims against the party.
During the investigation, the attorney will gather witness statements, reunite all necessary documents, interview the interested parties, and investigate the situations that led to the lawsuit.
Drafting the Paperwork
Many people associate the work of a civil litigation attorney with handling a lot of documents and drafting a lot of paperwork – and they are just right. Civil lawsuits involve various pleadings and motions, and it is the attorney’s responsibility to file them with the court.
Conducting the Discovery Process
Typically, civil lawsuits in Miami involve a discovery process. During this phase, the attorneys of both parties will exchange all relevant information. In this sense, there are several methods to obtain information employed by expert attorneys.
For example, a civil litigation attorney must know how to use interrogatories. During an interrogatory, the other party to a lawsuit (either a plaintiff or defendant) must answer a set of questions asked by the lawyer.
Another common method of obtaining further information is to utilize a request for admission. In such a case, the lawyer asks the other party to admit or deny specific parts of the case. Most importantly, it is done in writing and under oath.
Pre-Trial, Trial, and Settlement
A Miami civil litigation attorney has an essential role in the lawsuit’s development, both prior, during, and after the judge’s decision. During the pre-trial phase, the attorney will wrap up information obtained during the discovery process and prepare everything for the trial.
If the case proceeds to a court trial, the attorney will represent the client in front of a judge or jury. At this moment, it is crucial to work with an experienced Miami lawyer to guarantee the attorney will:
- identify the strengths and weaknesses of the case precisely
- utilize the witnesses in your favor during testimony
- conduct the case strategically and craft a favorable version of the case
Occasionally, things may not go as expected, so it may be necessary to appeal the case in court. In such cases, it is fundamental to work with a seasoned attorney who knows the courts in the Miami-Dade region to tailor the best strategy to ensure a positive outcome.
At this phase, the attorney will take care of post-trial motions, identification of issues for appeal, the recording of evidence to present in the appealing, handling the necessary paperwork, and oral argumentation before appellate courts.
Work with an Expert Miami Civil Litigation Attorney from Jurado and Farshchian, P.L.
Whether you want to file or defend against a civil lawsuit in Miami, waste no time with uncertainty. Contact Attorney Romy B. Jurado by calling (305) 921-0440 or emailing Romy@jflawfirm.com to schedule an initial consultation.