Litigation is the procedure of going to court in order to debate the case. The case can be either criminal or civil. In case of criminal, the state claims that a citizen has violated the law while in case of civil two businesses or citizens argue against each other. In each of these groups there are numerous other smaller courts. For instance, criminal cases about youthful offenders or traffic violations have their individual courts, and civil cases relating to bankruptcy, housing, and family often have their own courts. Some lawsuit also takes place in administrative courts. Daniel DeKoter, one of the most celebrated civil litigation lawyers say that even though the exact procedures may differ depending on the court and state but still most trials follow the same pattern.
Some important terms to know According to Daniel DeKoter
Voir Dire: A process for choosing a jury in which prospective judges are questioned.
Objection: An objection is a challenge to the other party’s proof.
Defendant or Perpetrator: The party against whom the plaintiff has filed suit.
Plaintiff or Complainant: The party who files the initial complaint in a courtroom proceeding.
Respondent: The party who must reply to an appeal.
Petitioner: The party that has appealed the decision of the court.
Deposition: An interview is conducted out of court in which lawyers question prospective witnesses. All the answers of the witnesses are recorded officially, and the transcript may become proof afterward.
Discovery: The period of trial in which both parties inspect the case.
It must be noted that litigation is a wide-ranging area of the law. Just because attorney lists litigation among her practice areas does not essentially mean he or she is acquainted with a particular area. For instance, an attorney who litigates civil cases is unlikely to be able to assist with a criminal case. So, in case you think you have an issue that should be taken to court, such as an employee dispute, it may be more useful to look for civil litigation attorneys with specialization in employee dispute.
Things that make a Good Litigator
A litigator needs good negotiation and communication skills. But, it is not so much about arguing but making a convincing and logical case in favor of the client’s interests. A litigator also needs to have a strong academic background and be creative and flexible when it comes to handling new challenges. In order to be a good litigator, the individual also needs to take a keen sense of commercial consciousness, a good command over technical and legal principles and the capability to present law, facts and tactics in a logical and convincing manner.
Daniel DeKoter is currently associated with DeKoter, Thole & Dawson, P.L.C. firm and holds the designation of a partner. He specializes in insurance defense, personal injury, and business and employment law, business disputes, and administration and estate planning. He is licensed to practice in Iowa and has been involved with numerous Corporate Social Responsible Activities as well.