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Litigation is a form of legal action that can be used to describe the proceedings initiated between two opposing parties in defending or enforcing a legal right. It would bring the dispute cases to settle in a court of law. The different parties involved in litigation include litigants (usually called plaintiff and defendant) who would make their arguments using findings and facts while being supported by the litigator (litigation lawyer) that is engaged in every stage of the litigation process.
The litigation process begins even before the lawsuit is filed. Usually, the plaintiff would demand a resolution from the defendant. However, if the demand is refused, the plaintiff may file a complaint to court, thus creating a lawsuit. If the decision of the lower court does not satisfy the losing party may request for an appeal.
An appeal is a request for a higher court to review the lower court’s judgment. It is important to note that appeals are not a new trial, a hearing with witnesses or a jury, or a chance to present new evidence. The appeals court will only decide whether to accept or reverse the lower court’s judgment based on the existing discoveries, evidence, and the written briefs by the lawyer.
The litigation process is lengthy and complicated. It is the reason why a litigator (litigation lawyer) is essential for the process from the beginning to the end.
An appeals lawyer represents the appellant and presents the facts and law to the appeals court. Explaining to the court why the trial court made errors or state the reasons why the court ruled correctly if they represent the appellee. Having an experienced litigator and appeals lawyer can help ease the long and complex process of litigation.
