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Litigation - What is it?

Mar 18 2016
Merriam-Webster’s defines litigation as, “to carry on a legal contest by judicial process.” A legal contest usually means a civil action or lawsuit. Simply put, litigation is a way to resolve a legal dispute.

In litigating a case, any good lawyer will formulate a plan. The plan may or may not be written, but it will always include a list of things that need to be done to prepare a case for trial. The ultimate goal being that the lawyer will be able to present enough evidence at trial to win the case. A good lawyer, however, also knows that the best thing for the client, in most cases, is to avoid trial if at all possible. Trial is the ultimate gamble as you never know what the jury is going to do. To avoid trial, a lawyer has to always work toward settlement, which is done most effectively by preparing a case for trial. Settlements generally occur when the other side is convinced that they may lose at trial. A defense attorney will be motivated to go to trial if Plaintiff’s counsel has not convinced him or her that the Plaintiff may prevail. A Plaintiff may be motivated to got to trial if the Defense either does not understand the case, or refuses to acknowledge their responsibility.

– Joseph R. Maridon, Jr., Esq.
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