Should I Hire a Litigation Attorney?

Sarah Edwards | December 02, 2022

Edited by Hannah Locklear

Are you the victim of an unfortunate accident or on the receiving end of someone else’s wrong actions? If so, you may consider filing a lawsuit against the individual or entity that harmed you. A legal claim can help you recover damages for your losses or force someone to stop doing something that is negatively impacting you.

But the real question is this: is it worth it to hire a litigation attorney? In this guide, we will break down the pros and cons of working with a litigation attorney and how it can help you resolve your dispute.

Let’s jump right in.

What is a litigation attorney?

A litigation attorney is synonymous with the terms attorney and lawyer. Litigation attorneys manage your legal claim from beginning to end. They’ll investigate your claim, submit pleadings for your case, handle court filings and negotiation, represent you at trial, and appeal, if necessary.

Litigation attorneys are available in all types of law practices, including personal injury, criminal law, and business claims.

Choose the right litigation attorney for your case

Selecting a litigation attorney is a complex process. You’ll want to start by determining the type of claim you have. For instance, if you’ve suffered physical injuries and financial losses in a car accident, you’ll want to seek a qualified personal injury lawyer.

Similarly, if you have a real estate transaction you need help with, you may want the services of a property lawyer.

Once you’ve identified the type of case you have, you’ll want to perform a search for attorneys in your area who can help you. It’s a good idea to check their reviews on Google or Yelp to find a lawyer with a history of performing well for their clients.

You should also check each potential candidate’s website. Their website will provide information about them and the cases they handle. They may list results from their prior cases, which can help you determine whether they’ve succeeded in similar claims.

Schedule a consultation with a litigation attorney

Before deciding on a litigation attorney, it’s best to schedule a consultation with at least two or three lawyers. Meeting with different litigation attorneys has several purposes.

First, you’ll find out whether you have a case. Sometimes people think they have a legal claim, but the evidence isn’t clear, or certain factors prevent them from suing, like the statute of limitations. An attorney will advise you on your case's validity and potential legal options.

Second, you can ask questions of the lawyer concerning your case. You can ask whether it’s worth pursuing, what you may receive in damages, and how long it will take to resolve. Asking several attorneys can help you get a consensus about the circumstances and future of your claim.

Finally, you can learn more about the lawyer and their relevant experience. You should feel comfortable that the attorney you choose has the aptitude and skills necessary to handle your claim.

You don’t want to choose an attorney who appears too busy to handle your case. Your claim deserves proper attention, and you want to make sure the lawyer will keep you up to date on the proceedings.

Select a lawyer you feel comfortable with. If you don’t feel a rapport with the attorney, keep looking. You should be able to share the details of your claim and feel they’re listening to you.

How does the litigation process work?

Once you’ve selected your attorney, they’ll start their legal process with an investigation. Typically, a lawyer will examine all the aspects of your claim and try to obtain evidence to support it.

For instance, a lawyer investigating a car accident claim will likely seek out the accident report, your medical records following the crash, and any video recording of the crash caught on tape. They will probably review your automobile insurance policy and ask other involved parties for copies of their insurance.

After investigation, the case moves to the pleadings stage. The pleading consists of a Complaint and an Answer. The plaintiff will file the Complaint while the defendant provides an Answer.

The Complaint outlines what the plaintiff believed happened and the damages or relief they seek as compensation. An Answer responds to all of the grievances in the Complaint.

After pleadings, the case may go into a negotiation. Your attorney may attempt to negotiate a settlement for damages on your behalf if you are the plaintiff. If you’re the defendant, your attorney will defend you.

If negotiation doesn’t succeed, the case goes to trial. A trial can be lengthy and expensive, so lawyers typically try to win in negotiation. If the lawsuit can’t avoid a trial, your lawyer will represent you and navigate the case in the courtroom.

Following the end of the trial, your lawyer may file an appeal if they disagree with the decision. However, to do so, they must find an error made by the court. They can’t simply appeal because the case didn’t resolve in your favor.

In short, litigation attorneys take on a lot of responsibility and work with each legal claim they handle. You’ll want to ensure that the lawyer you choose is up to the job.

Hiring a litigation lawyer can be expensive

It depends. All lawyers have their own billing structure that relies on the type of law they practice. Business lawyers typically bill by the hour, while personal injury lawyers provide contingency fee agreements to their clients.

A contingency fee arrangement allows clients to seek legal help without paying any upfront fees. If the lawyer successfully wins a claim on your behalf, they’ll receive a percentage of your award. If they fail to win any damages for you, you’ll walk away from the case without owing them money.

You can ask during the consultation about their billing structure, and your lawyer will describe their fees and what you can expect to pay for their services.

Let’s take a look at an example.

Do all lawsuits end up in a courtroom?

No, not all legal claims go to court. Many resolve in the settlement or mediation process without a trial. Personal injury claims are among the least likely to end up in court.

If you’re seeking help for a debt lawsuit against you, you can hire a litigation attorney to help you. A litigation attorney can help you settle your case before it goes to court, eliminating the pain of a trial.

No matter what type of case you have, seeking the advice of an attorney can help you determine your legal options.

Represent yourself in a debt collection lawsuit

Some cases aren’t worth hiring a lawyer.

For example, if you’re being sued for a debt, chances are you don’t have a lot of extra money lying around to hire an attorney. Plus, it can be difficult to find a lawyer who will take on a debt collection lawsuit, especially when the debt amount isn’t very big.

Luckily, SoloSuit empowers you to represent yourself in court and avoid the cost and stress of finding an attorney. Here’s how.

The first step to winning your debt collection case is to respond to the lawsuit within your state’s deadline. You should respond by filing a written Answer with the court and sending a copy to the opposing attorney.

To draft your own Answer, follow these three steps:

1. Respond to each claim against you, listed in the Complaint document.
2. Assert your affirmative defenses.
3. File the Answer in court, and send a copy to the opposing attorney.

Draft and file your Answer in all 50 states with SoloSuit’s help.

To learn more about these three steps, check out this video:

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

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Being sued by a different debt collector? Were making guides on how to beat each one.

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