--- title: What is Litigation? description: What is litigation? A big word thrown around in a courtroom but also an area of law attorneys specialize in. This blog explains what litigation is and what litigators do for their clients. image: https://blog.goosmannlaw.com/hubfs/50245697_s.jpg --- [![Goosman Lawfirm](https://blog.goosmannlaw.com/hs-fs/hubfs/Goosmannlaw%20October2017/images/Goosmann_Law_Firm_logo_4C-white.png?width=1250&name=Goosmann_Law_Firm_logo_4C-white.png "Goosman Lawfirm")](http://goosmannlaw.com/) - [COVID-19 Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - Our Team - [Attorneys](https://goosmannlaw.com/attorneys/) - [Non-Attorney Staff](https://http://goosmannlaw.com/non-attorney-staff/) - Practices & Industries - [Practices](https://goosmannlaw.com/practices/) - [Banking & Finance](https://goosmannlaw.com/banking-finance/) - [Bankruptcy, Restructuring & Workouts](https://goosmannlaw.com/bankruptcy-restructuring-workouts/) - [Business](https://goosmannlaw.com/business/) - [Divorce & Family Law](https://goosmannlaw.com/divorce-family-law/) - [Employment](https://goosmannlaw.com/employment-law/) - [Environmental, Health & Safety](https://goosmannlaw.com/health-safety/) - [Estate Planning](https://trustlawcounsel.com) - [Gestational Surrogacy & Adoption](https://goosmannlaw.com/gestational-surrogacy-adoption/) - [International Law](http://goosmannlaw.com/international-law/) - [Litigation / Trial Law](https://goosmannlaw.com/litigation-trial-law/) - [Local Counsel](https://http://goosmannlaw.com/local-counsel/) - [Mergers & Acquisitions](https://goosmannlaw.com/mergers-acquisitions/) - [Rapid Response](https://goosmannlaw.com/rapid-response/) - [Industries](https://goosmannlaw.com/industries/) - [Agribusiness & Cooperatives](https://goosmannlaw.com/agribusiness-cooperatives/) - [Construction](https://goosmannlaw.com/construction/) - [Cyber Law and Telecommunications](https://goosmannlaw.com/cyber-law/) - [Education](https://goosmannlaw.com/education/) - [Health Care](https://goosmannlaw.com/health-care/) - [Manufacturing](https://goosmannlaw.com/manufacturing-law/) - [Multifamily Housing](https://goosmannlaw.com/multifamily-housing-law/) - [Non-Profit & Tax Exempt Organizations](https://goosmannlaw.com/non-profit-law/) - [Real Estate](https://goosmannlaw.com/real-estate/) - [Transportation](https://goosmannlaw.com/transportation/) - [Tribal](https://goosmannlaw.com/tribal/) - Our Firm - [Firm News](https://blog.goosmannlaw.com/firm-news) - Careers - [Attorneys](https://goosmannlaw.com/careers/attorneys/) - [Administration](https://goosmannlaw.com/careers/administration/) - [Internships](https://goosmannlaw.com/careers/internships/) - [Client Testimonials and Results](https://goosmannlaw.com/our-firm/client-testimonials-and-results/) - [Culture, Diversity, and Community](https://http://goosmannlaw.com/our-firm/culture-diversity-and-community/) - [Women-Owned Business](https://goosmannlaw.com/our-firm/women-owned-business/) - [Associations & Memberships](https://goosmannlaw.com/associations-memberships/) - [Firm History](https://goosmannlaw.com/firm-history/) - Blogs - [CEO Law Review](https://blog.goosmannlaw.com/ceo-on-your-side) - [Construction Lawyer](https://blog.goosmannlaw.com/construction-lawyer-on-your-side) - [Cyber Lawyer](https://blog.goosmannlaw.com/cyber-lawyer-on-your-side) - [Deal Maker](https://blog.goosmannlaw.com/deal-maker-on-your-side) - [Divorce Docket](https://blog.goosmannlaw.com/divorce-lawyer-on-your-side) - [Food for Thought](https://blog.goosmannlaw.com/agricultural-lawyer-on-your-side) - [HR Legal Insider](https://blog.goosmannlaw.com/human-resources-on-your-side) - [Law Doc](https://blog.goosmannlaw.com/health-lawyer-on-your-side) - [Paralegal Review](https://blog.goosmannlaw.com/paralegal-review/) - [Real Estate Lawyer](https://blog.goosmannlaw.com/real-estate-lawyer-on-your-side) - [Risky Business](https://blog.goosmannlaw.com/risk-manager-on-your-side) - [The Banker’s Suit](https://blog.goosmannlaw.com/banking-lawyer-on-you-side) - [Trial Law Review](https://blog.goosmannlaw.com/trial-lawyer-on-you-side) - [Trust Law Counsel](https://blog.goosmannlaw.com/estate-planning-laywer-on-your-side) - Resources - [COVID-19 Resource Toolbox](https://goosmannlaw.com/covid-19-resource-toolbox/) - [Podcast](http://podcast.goosmannlaw.com/) - [Videos](https://goosmannlaw.com/videos/) - [FREE eBooks & Tools](https://goosmannlaw.com/free-ebooks-tools/) - Contact Us - [Office Locations](https://goosmannlaw.com/locations/) - [Sioux City Law Firm](https://goosmannlaw.com/locations/sioux-city-law-firm/) - [Sioux Falls Law Firm](https://goosmannlaw.com/locations/sioux-falls-law-firm/) - [Omaha Law Firm](https://goosmannlaw.com/locations/omaha-law-firm/) - [Spirit Lake & Spencer Law Firms](https://goosmannlaw.com/locations/spirit-lake-and-spencer-law-firm/) - [Real Estate Closings Office](https://goosmannlaw.com/locations/real-estate-closing-office/) - [Submit a Testimonial](https://goosmannlaw.com/submit-a-testimonial/) - [Sign Up for Our Newsletter](https://goosmannlaw.com/sign-up-for-our-newsletter/) - [Pay Online](https://goosmannlaw.com/pay-online-3/) - [  (855) 843-4531](tel:855-843-4531) ![](https://blog.goosmannlaw.com/hubfs/Blog_Images/Lockbox%20Lawyer/close-button.png) [tel:855-THE-GLF1](tel:855-THE-GLF1) [Litigation & Trial](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/litigation-trial) # [What is Litigation?](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/what-is-litigation) By [William Hale](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/author/william-hale)   |  2, July 2018 [READ NOW](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/what-is-litigation) [Read Post](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/what-is-litigation#article) [![](https://blog.goosmannlaw.com/hs-fs/hubfs/William%20Hale%20Headshot_Close.jpg?width=60&name=William%20Hale%20Headshot_Close.jpg)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/author/william-hale) [William Hale](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/author/william-hale)  Tags: [Litigation & Trial](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/litigation-trial) ## What is Litigation? When I meet someone and they hear that I am an attorney, their next question is usually, “What type of law do you practice?”  When I answer “civil litigation,” my answer is often met with a confused look, or they misunderstand that my day-to-day work is like what is represented on TV shows.   At its most basic, litigation is the process by which a dispute is resolved.  This could be a dispute over a contract, over who is liable for someone’s injuries, over the validity of a copyright, or any other type of disagreement involving the rights or responsibilities of individuals or businesses.  Civil litigation is often known as the type of law that takes people to court to fight over money in front of a judge or jury.  While that is the ultimate possibility of all civil lawsuits, the vast majority of cases never go to trial.  The truth is that the majority of cases are resolved because the case is somehow dismissed by the judge or a settlement is reached between the parties.  Attorneys often become litigators because they want to be in the courtroom.  But the reality is that most of the real work is done outside of court.  The bulk of the litigation process is done outside of the courtroom and long in advance of trial. As litigators, our primary function is to find and develop or “discover” the facts of the case.  We do this through a legal process that is very aptly called “discovery.”  Some discovery is informal and takes place outside of the rules of procedure that guide the formal discovery process.  Informal discovery might be through witness interviews and is often conducted prior to the formal initiation of a lawsuit.  Formal discovery can be both written and oral.  Written discovery involves sending requests for information to the opposing party or hiring experts to issue written reports.  Oral discovery involves the taking depositions.  Through the discovery process, the facts of the case start to become clear to the parties.  As a result, both sides get to know the strengths and weaknesses of their own and the opposing party’s case.  This process is often what drives the dismissal of the case or settlement.   Specifically, while litigators are always working towards an ultimate resolution in court, they are also looking for other possible avenues of resolution.  That could mean, based on the evidence developed through discovery, that the litigator seeks a settlement or mediation.  It could also mean filing a motion for summary judgment to have the case decided by the judge without the need for a trial.  The key is that a good litigator always does what is in the best interest of their client.  If you would like to learn more about litigation, have a dispute that you feel could use some legal help, or have any questions/comments contact one of our experienced litigation attorneys at Goosmann Law in our Sioux City law firm, Sioux Falls law firm, and Omaha law firm. [![CONTACT US](https://no-cache.hubspot.com/cta/default/489404/60d77596-fa6c-4cb1-a3bf-b2fb87ab9210.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/60d77596-fa6c-4cb1-a3bf-b2fb87ab9210) ### Select Different CTA for each Post from Blog Editor [![New Call-to-action](https://no-cache.hubspot.com/cta/default/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422.png)](https://cta-redirect.hubspot.com/cta/redirect/489404/a8cefc17-3b9d-4de0-89cd-e60a64752422) ### Subscribe Our Blog Thanks for submission!! - Recent - Popular ### Posts by Topic - [Litigation & Trial (141)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/litigation-trial) - [Litigation News and Insights (29)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/litigation-news-and-insights) - [Firm News (15)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/firm-news) - [Construction News and Insights (14)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/construction-news-and-insights) - [Business News and Insights (6)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/business-news-and-insights) - [trademark (6)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/trademark) - [COVID-19 (5)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/covid-19) - [CEO (4)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/ceo) - [Employment Litigation (4)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/employment-litigation) - [Intellectual Property (4)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/intellectual-property) - [Copyright Law (3)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/copyright-law) - [Depositions (3)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/depositions) - [Employment Law (3)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/employment-law) - [Lawsuit (3)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/lawsuit) - [Business Litigation (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/business-litigation) - [Confidentiality (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/confidentiality) - [Divorce & Family Law (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/divorce-family-law) - [Federal Rules (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/federal-rules) - [Filing a Lawsuit (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/filing-a-lawsuit) - [Insurance (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/insurance) - [Mediation (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/mediation) - [Starting A Lawsuit (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/starting-a-lawsuit) - [Transportation (2)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/transportation) - [Agriculture (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/agriculture) - [Arbitration (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/arbitration) - [Attorney Client Privilege (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/attorney-client-privilege) - [Barratry (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/barratry) - [Business Law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/business-law) - [Comparative Negligence (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/comparative-negligence) - [Construction (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/construction) - [Construction Law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/construction-law) - [Corporate Law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/corporate-law) - [Disputes (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/disputes) - [Document Production and Document Retention (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/document-production-and-document-retention) - [EEOC (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/eeoc) - [Email (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/email) - [Employment News and Insights (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/employment-news-and-insights) - [Expert Testimony (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/expert-testimony) - [Female Attorney (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/female-attorney) - [HR Legal Insider (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/hr-legal-insider) - [Holiday Lawsuits (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/holiday-lawsuits) - [Holiday Season (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/holiday-season) - [Human Resources (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/human-resources) - [Iowa Consumer Credit Code (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/iowa-consumer-credit-code) - [Landlord (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/landlord) - [Lawsuits (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/lawsuits) - [Legal Fees (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/legal-fees) - [Liability (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/liability) - [Markman Hearing (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/markman-hearing) - [Non-Compete (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/non-compete) - [Omaha Attorney (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/omaha-attorney) - [Personal Jurisdiction Law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/personal-jurisdiction-law) - [Property Damage (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/property-damage) - [Real Estate News and Insights (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/real-estate-news-and-insights) - [Respondeat Superior (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/respondeat-superior) - [Sioux Falls Law Firm (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/sioux-falls-law-firm) - [Social Media (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/social-media) - [Subpoenas (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/subpoenas) - [Summary Judgement (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/summary-judgement) - [Summons (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/summons) - [Tenant (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/tenant) - [Trade Secrets (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/trade-secrets) - [Trust Law Counsel (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/trust-law-counsel) - [copyright (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/copyright) - [patent law (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/patent-law) - [settlement (1)](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/topic/settlement) DISCLAIMER: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. By visiting this website, blog, or post you understand that there is no attorney client relationship between you and the Goosmann Law Firm attorneys and website publisher. No information contained in this post should be construed as legal advice from Goosmann Law Firm, PLC, or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. #### Let Us Know What You Thought about this Post. Put your Comment Below. [Previous Post](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/watch-what-you-post-social-media-and-copyright-infringement) ##### [Watch What You Post:  Social Media and Copyright Infringement](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/watch-what-you-post-social-media-and-copyright-infringement) [Next Post](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/fair-use-a-key-defense-to-copyright-infringement) ##### [Fair Use: A Key Defense to Copyright Infringement](https://blog.goosmannlaw.com/trial-lawyer-on-you-side/fair-use-a-key-defense-to-copyright-infringement) ### Contact Info **Sioux City Location** P. 712-226-4000 F. (712) 224-4517 **Sioux Falls Location** P. (605) 371-2000 F. (605) 275-2039 **Omaha Location** P. (402) 280-7648 F. (402) 505-3967 --- [Disclaimer](http://goosmannlaw.com/list-all-blogs/disclaimer/) | [Privacy Policy](http://goosmannlaw.com/privacy-policy/) ### Locations **Sioux City Location** 410 5th Street Sioux City, IA 51101 **Sioux Falls Location** 5010 S. Minnesota Avenue, Suite 100 Sioux Falls, SD 57108 **Omaha Location** Advent Building 17838 Burke Street, Suite 250 Omaha, NE 68118 ![Goosmann](https://blog.goosmannlaw.com/hs-fs/hubfs/Blog_Images/Lockbox%20Lawyer/goosmann-white.png?width=250&name=goosmann-white.png "Goosmann") Goosmann Law Firm is a FULL SERVICE LAW FIRM with locations in Sioux City, Iowa, Sioux Falls, South Dakota, and Omaha, Nebraska. Goosmann Law attorneys are licensed to practice in Iowa, Nebraska, South Dakota, and North Dakota. Their attorney team's practices and industries include but are not limited to Agribusiness and Cooperatives, Banking and Finance, Bankruptcy, Restructuring and Workouts, Business, Construction, Cyber Law and Telecommunications, Divorce and Family Law, Education, Employment, Environmental Health and Safety, Gestational Surrogacy and Adoption, Health Care, Litigation and Trial Law, Manufacturing, Mergers and Acquisitions, Municipal, Nonprofit and Tax Exempt Organizations, Real Estate, and Transportation, Tribal, Wills, Trusts, Estate Planning, and Probate Law. Goosmann © Copyright 2017