If you’re involved in a securities dispute but cannot reach an amicable settlement agreement with the government, you may need to go to trial. In court, a judge or jury will make a ruling in favor of one party after hearing each side of the story from the parties involved.
The civil litigation process can be long and complex. In these situations, you may need the assistance of a litigation lawyer with enough experience to defend your case. This type of attorney can help portray your story effectively inside the courtroom, giving you a greater chance of winning your case.
If you are still deciding whether to obtain legal representation, keep reading to find out the benefits of hiring an attorney.
What Do Litigation Lawyers Do?
Litigation lawyers, also known as trial lawyers, manage all aspects of a lawsuit. The most common types of litigation cases they handle include contract disputes, real estate disputes, business disputes, insurance claims, and personal injury cases.
Litigation attorneys are skilled at drafting legal documents that must be presented in court, such as motions, pleadings, and briefs.
A litigation attorney must also research laws and legal precedents relevant to their client’s cases to ensure they have a firm understanding of the law. A litigation lawyer will also review and analyze all the evidence related to the case, including medical records, witness statements, letters, emails, etc., to determine the strengths and weaknesses of their client’s cases.
A litigation lawyer’s primary responsibility is to appear in court to present their clients’ civil cases before judges or, in some cases, juries while negotiating with the opposing counsel to resolve legal disputes outside of the court. In doing so, litigation attorneys typically use a strategy that aligns with their clients’ goals.
Overall, litigation attorneys are responsible for providing legal advice to their clients on every aspect of a case.
The Civil Litigation Process
Litigation lawyers are central to a case’s coordination, negotiation, and preparedness. Their role encompasses the following stages:
- Investigation: The investigation stage involves a thorough review of the client’s documents which are relevant to the case. The civil litigation attorney will also perform legal research and analysis at this stage to assess the client’s position and advise him or her about the proper course of action. The more information a litigator collects at the beginning of a case, the better he or she can devise a strategy to protect the client’s interests.
- Pleadings: A litigation attorney prepares the initial pleadings, which refer to the written statement of claim (if the client is the plaintiff) or the written answer to the statement of claim (if the client is the defendant). An experienced civil litigation attorney will possess the skill required to draft a pleading specific enough to meet the court’s requirements while leaving room for the innate unpredictability of civil litigation cases.
- Discovery: Once the claim and defense are laid out, each party begins with the discovery of documents, wherein both sides produce documents relevant to their claim and defense.
- Mediation: Afterward, the parties will have a pre-trial conference, wherein they meet to try and resolve the claim. The judge will schedule a trial date if they cannot settle the dispute.
- Trial: The plaintiff, defendant, and witnesses will appear in court on the trial date, each represented by a civil litigation lawyer who will present their respective clients’ claims..
- Appeal: The outcome of the case is not necessarily the end of the proceedings, as the losing party may still appeal. Doing so will require a legal brief containing an argument compelling enough to turn the case around.
What is a Securities Litigation Lawyer?
An experienced litigation lawyer will have plenty of knowledge and technical skills to help clients resolve legal disputes. Litigation attorneys may have legal expertise in a wide range of legal areas, including securities law.
A securities attorney is a lawyer knowledgeable in securities law—a complicated and specialized area of law governing the world of securities and investments.
Investment lawyers deal with cases involving individuals who broke the law by defrauding another person in relation to a financial duty or investment, such as selling unregistered securities, misrepresenting or omitting facts about an investment or a financial product, pyramid schemes, unauthorized trading, or stock price manipulation.
These cases are handled through Financial Industry Regulatory Authority (FINRA) arbitration, federal court, or other forums.
Why You Need a Litigation Attorney
Securities lawyers represent clients during transactions involved in initial public offerings, issuance of stock, mergers, or acquisitions. In this capacity, they also help clients comply with the SEC (Securities and Exchange Commission) laws and regulations.
Many lawyers are highly competent in different areas of the law, but an attorney who has handled securities litigation and fraud matters will have the knowledge and experience required to gauge the strength—or weaknesses—of your case.
Hiring a seasoned securities lawyer ensures that you have the leverage to achieve the best possible outcome for your case in the event someone files a lawsuit against you.
Speak With a Securities and Investment Litigation Lawyer Today
Choosing the right lawyer to represent you is crucial if you have been accused of securities fraud.
Facing fraud allegations and charges poses various risks, including civil litigation, enforcement actions, and the potential for administrative and civil penalties. With such dire consequences, you need an experienced securities and investment defense lawyer on your side who can give you peace of mind.
The Serafini Law Office can provide you with the best representation possible. Our team will work tirelessly to protect your freedom, rights, and reputation.
Mr. Richard A. Serafini is a federal criminal defense lawyer who has been practicing law for 40 years. With his vast knowledge and experience in securities litigation and securities fraud matters, he is just the person you need to formulate an aggressive defense strategy to win your case.
Our law firm currently offers a range of legal services to the following cities and states: Miami, Fort Lauderdale, Boca Raton, West Palm Beach, Florida, Pennsylvania, and New York.
Contact us at (754) 223-4718 for a free consultation.