What is Litigation?

Although litigation has been around for many years, quite a number of people are unclear of what it’s all about. Some are totally clueless; others think it is arbitration, while some believe it is a lawsuit. This has led to many people misinterpreting cases or following a wrong approach when they feel they rights have been violated.

What Is Litigation?

LitigationLitigation is a legal process whereby a person who feels his legal rights have been abused or violated seeks the assistance of the court. The law sets out the practices and rules that will govern the whole exercise. It covers a wide range of cases. These include tort, environmental law, eviction, civil rights, contested divorces, insurance claims, personal injury, breach of contract, medical malpractice, tenant/landlord, intellectual property, collections claims, products liability, and more. The person seeking compensation or justice is referred to as the litigator while the other party is the defendant.

What qualifies a case for litigation?

The common misconception is that litigation is just another name for a lawsuit. Unfortunately, it is not. A lawsuit is part of the litigation process. It may or may not feature in the proceedings depending on the outcome of the resolutions or discussions between the parties involved. A case only qualifies for litigation if it is likely to end up in a lawsuit. Cases that lack the potentiality are referred to as non-litigation cases and fall under “Transactional” law. They include estate planning, proprietary sales, and business formations.

Stages involved

Litigation can last for a few days or several years. The following are the steps involved:

  • Initial Negotiations:-An attorney will have a sit-down and listen to the parties involved. He will try to help them come up with an amicable solution. The litigator may ask his lawyer to issue a demand letter to the other party. It will state the demands of the afflicted party. The accused can renegotiate the terms.
  • Filing a lawsuit:-If initial negations fail, the litigator will seek the intervention of the court. Both parties will hire lawyers to represent them. A process known as discovery takes place whereby both parties will exchange information and documents.
  • Motion:-After discovery, the defendant may file a motion. Based on some technicalities or legal rights, he will ask the judge to dismiss the lawsuit. A judge may accept the motion if the defendant isn’t legally bound, or will dismiss it and allow the case to go for full trial.
  • Pre-Trial:-Both parties to the litigation will tell their side of the story in a bid to sway the judges or/jury’s decision in their favor. They will provide documentary evidence as well as witnesses. The pre-trial normally is the longest and most critical.
  • Trial:-Based on the evidence provided, the judge will rule on whether the defendant has a case to answer. Depending on his defense, the accused may either be acquitted of any charges or asked to settle the claims.

Initiating a legal suit or putting up a solid defense is quite tasking. In fact, many parties to a lawsuit lose out simply because they overlooked several things during the procedure. More often than not the litigator may fail to achieve his goal. Also, the defendant may end up paying the amount or compensation demanded by the accuser. In order to come out victorious, it’s necessary to seek legal services from a competent and highly qualified litigation attorney.

How Divorce Attorneys Help During Marital Splits

No one likes to think of the idea of getting a divorce. If you find yourself faced with this reality, finding an attorney that not only fits your requirements, but will fight for you can seem like an endless battle.

When selecting a lawyer, keep in mind, this individual will become more than just a name. You will be exposing your deepest marital secrets to this person in hopes they understand your vulnerability at all times. If often take months, sometimes years to finalize divorce proceedings. Keep this in mind when choosing the attorney. It is important that you seek, and hire the appropriate person you feel is best suited for you and your case.

What is a divorce lawyer

Just because a lawyer made it through law school and passed their state bar exam doesn’t necessarily mean they are good at fighting for you and your case. The duty of a divorce attorney is to help a client navigate through all the legal proceedings while keeping their best interest at heart. Not all lawyers do this as well as others and some just aren’t good at it at all.

A divorce attorney’s specialized area of law are issues that are settled in family law courts. Such situations are, but not limited to,

  • Divorce
  • Annulment
  • Dissolution

Many attorneys practicing divorce law fall into the category of family law attorneys. Opening the doors for various other legal issues that fall within the family courts are,

  • Child support
  • Wills
  • Adoption
  • Second-parent adoption

Retaining a lawyer upon separation is highly recommended ensuring your legal rights and best interest is in the best hands. Also, if there is a chance of early settlement, it is best to have your lawyer handle all the proceedings.

Choosing a lawyer

There are many styles of divorce lawyers out there. Do not be surprised if you mull through many before you find the right one you feel is right for you. One good way of choosing options for those you wish to interview is by word of mouth. Seeking referrals from other professionals is a great place to start.

couple getting divorcedOther attorneys or their assistants that do not practice family law are excellent links. Doctors, religious leaders, and accountants are professionals that in the midst of their work encounter divorce lawyers and can offer referrals. Asking friends and relatives who have previously experienced a divorce are also excellent referrals. Social media is an excellent source for information.

What are the duties of a divorce lawyer

When a couple makes the decision to dissolve a marriage, one of the main aspects of the lawyer is the settlement and its moderation. A division of the assets, child support and/or alimony and if the couple had children together, the details of child custody.

In the scenario of there being a prenuptial agreement in place, the lawyer has the job of making sure the details, accurately remain enforced. Upon the entering of a marriage, a divorce lawyer may assist a couple in the structuring of a prenuptial agreement where many of the legal issues will already accurately remain noted.

Divorce can be costly and nasty. You will need to make certain you have a lawyer you feel confident with at all times. Having your most vulnerable moments displayed before a judge can be trying. Make sure you choose a the lawyer whom you trust that makes you feel as you have a lawyer and a friend standing beside you the whole way.

Bankruptcy Lawyers – A Lifeline In Troubled Times

Many people are looking for the best bankruptcy lawyer for solving their problems. This lawyer has some roles and responsibilities for helping all clients. Before you hire the best lawyer for helping you in your bankruptcy case, you should take a look at this article. You should learn about some responsibilities of this type of lawyer in your case. You should understand that bankruptcy is a complicated procedure. lawyer for bankruptcyTherefore, you need to hire a professional attorney or lawyer who has a lot of experience in this case. Experienced lawyers are able to make sure that you complete all procedures correctly.

1. Explain the bankruptcy to the clients

This is the main role of most bankruptcy lawyers these days. They are required to give clear explanation to their clients. It means that you can discuss with some of these lawyers when you are in the bankruptcy condition. There are some important things that you need to know about this situation. When you discuss with your favorite lawyer, you can also learn about some consequences and other options from your decision. It is very important for you to plan your bankruptcy in advance by consulting with some professional lawyers.

2. Determine the type of bankruptcy

A good bankruptcy lawyer should be able to help clients determine the type of bankruptcy. There are some bankruptcy types that are available today, including Chapter 7 and Chapter 13 bankruptcy cases. Both types have their own benefits, features, and disadvantages. If you want to choose the best type of bankruptcy, you have to discuss about your condition and current situation with your chosen lawyer. Each type also requires different procedures, so you need to prepare all important things properly. You should compare both types of bankruptcy before choosing the best one that is suitable for your situation.

3. Help clients submit all files and documents completely

This is another benefit that is offered by most lawyers. They are ready to help their clients submit all important files and documents correctly. High quality lawyers usually have proper skills and knowledge in any bankruptcy cases. Therefore, they know how to submit all important files to the court properly. They should also understand some requirements that you should submit for filing the bankruptcy cases. If you don’t have any experience with the bankruptcy procedures, you should hire a professional lawyer today. Filing the bankruptcy case should not be a difficult task for most people these days.

They are some roles and responsibilities from a professional bankruptcy lawyer. This lawyer offers a lot of benefits for all clients. If you are under this situation, you don’t have to worry about filing the bankruptcy case. You can choose the best lawyers who have a lot of experience in this area. You can also read some reviews about certain lawyers, so you can compare some of them properly. They can give you proper recommendations and advice for completing all procedures properly. They can also help you manage your finance properly after the bankruptcy case is completed. There are many other benefits that you can get from a professional bankruptcy lawyer.


What is a Toxic Tort Lawyer?

A toxic tort lawyer is a professional who deals with cases that involve toxic substances such as toxic mold, or lead paint. They also specialize in cases that involve dangerous chemicals, medications, substances and faulty medical or mechanical devices. ToxicThey can either represent the defendant who is normally the manufacturer of the chemical, drug or product or the injured plaintiff (s). The lawyers can be categorized as personal injury lawyers. The main work of the lawyer is to research the client’s claim thoroughly and advice the client on the best move to take.

The toxic tort lawyer can deal with claims in some of the following contexts:

Occupational exposure- this is when industrial workers have been exposed to toxins for a short period of time at high levels or an extended period for lower levels. For instance, it may include a lawsuit based on the worker’s exposure to benzene and asbestos on the job. Exposure in the home- when individuals ingest or breathe substances in their home like toxic mold. Pharmaceutical drugs- when the drugs are a source of unintended side effects. Some of the drugs that have been subject to this include Prozac and Zoloft. Consumer products- this is where people use products like pesticides and they become ill.

There are some specific elements that the plaintiff must prove with the help of the toxic tort lawyer such as:

The product/substance was dangerous. The plaintiff was exposed to the dangers of the substance. The substance actually caused harm to plaintiff.

The toxic tort case defendants usually mount vigorous defense where they try as hard as possible to present evidence that the plaintiff has not done the above sufficiently. They can also come up with procedure based defenses. For instance, the defendant can try and prove that the plaintiff did not present his claim in a timely manner under the law.

Despite the fact that the toxic tort lawyer usually deals with a unique case, there are some common issues that normally crop out in such cases such as:

Proving causation

Causation is the main battlefield for such cases. In most cases it can be quite challenging to trace the source of the substance or chemical that caused injury. Most illnesses that result from this usually manifest years later. This means that the plaintiff has to present concrete evidence to prove the main element in the case i.e. a specific chemical that was manufactured or even distributed by the defendant which caused illness.

Stale evidence

Gathering evidence can be quite hard especially if the case is opened years after exposure. This is because memories can become fuzzy, documents lost and witnesses hard to trace.

Reliance on scientific evidence

A toxic tort lawyer mostly relies on scientific evidence by linking diseases to particular substances.

Figuring the person to sue in such a case can be quite tricky as the plaintiff seldom know the manufacturer of the product that caused them harm. This is why they normally sue everyone that could be linked to the substance such as”

Manufacturers and distributors of the chemicals or devices/machines that exposed workers to the chemical. Owners and lessees of the place where the person was exposed to the substance. Manufacturers of the equipment that did not protect the plaintiff from harm. Companies that store the chemicals.

The Role of An Employees Rights Lawyer

Employees and laborers have certain rights at the work place. Employee rights laws protects workers against unfair and unsafe working conditions, and provides them with compensation of wage in case of a family emergency, as well as time-off for personal emergencies. With the many issues and problems arising in the work place, employment lawyers, also known as Employment attorneys, play a major role assisting both the employers and employees alike. know-your-rightsThere are state, federal, and local Civil-Rights Plaque employment laws that are in place to ensure fair and just treatment for employees.

An employment attorney is one who specializes in the employment issues and problems for either employees or employers. The lawyer must be licensed in order to practice law. Employment lawyers should have a four year undergraduate degree & a law degree. The attorney should also have a background in the employment rules & regulations.


  • Employment attorneys usually handle labor and employment matters, which include problems regarding hours worked and workers wages. An employee may complain that he/she wasn’t paid a fair amount-for work performed. In such a case, the lawyer can verify the payroll information from employer.
  • An employer may require a lawyer for allegations of unsafe working environment. The lawyer can investigate the work place to see if employer has safety violations. The lawyer can also get the information by interviewing the employee who made that allegation.
  • In certain situations, there can be a contractual problem. The employment attorney may review contracts to see if they adequately cover the interests-of the employer and employee. Contractual disputes/issues are a common-occurrence in the workplace.
  • An employment attorney also handles discrimination cases. Someone may allege that he/she was denied a job position because of his/her race/gender. The lawyer will review evidence to determine if any discrimination-occurred.
  • Other job duties can include; preparing employee hand-books, safety manuals, and also handling compensation problems/issues. The lawyer should be very knowledgeable in many different aspects of employment-law.


Employment lawyers represent employers and employees in cases usually involving disputes/issues over work safety, wages, discrimination and harassment. They protect the workers’ rights and defend the company interests, usually arguing for fair-compensation, adequate and proper safety standards, and reasonable employee-employer relations. They also support legislation to expand-laws which promote anti discrimination practices, further-regulation in private sector or protection for immigrant laborers.

Other roles include:

  • Workers’ compensation
  • Privacy rights
  • Termination of employment
  • Sexual harassment
  • Work place safety
  • Wage & over-time standards
  • Discrimination against the employees based on their color, age, ancestry, creed, marital status, disability, medical conditions, race, national origin, gender, religion, or sexual orientation.
  • Employee benefits such as a leave of absence or a retirement plan.

They can review the employment contracts and advise the clients about the employment rights while also recommending a legal action, mediating between the employers and employees, and representing the clients in the court in civil-lawsuits against employers.

They basically help in bridging the gap between employees and employers by handling the legal matters which normally involve collective bargaining. The ones who work with employers directly, provide preventative-lawyering. They typically advise employers in matters regarding workplace policies and safety procedures which are in compliance with the federal, state, and the local employment laws. This helps in minimizing lawsuits and conflicts with employees.