What is Litigation?

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.