The litigator is that legal specialist who possesses the skills necessary to marshal his client's case through all stages of a lawsuit and into the courtroom - where oratory combines with legal analysis and cross-examination to convince the fact finders of the rightness of his client's position.  It is usually true that litigation arises out of conflict and disagreement between the sides involved in the case.  But, the litigator has a unique opportunity to bring disputing parties together, to effect an amicable resolution that may not have been possible without the litigator's tempered guidance.  Failing such pretrial agreement, the litigator enters the courtroom as an extension of the client and as an extension of the client's business.

Litigation is a 'specialty' only in the sense that trial attorneys acquire special knowledge and develop special skills that enable them to effectively advocate a client's position in a court of law.  In any particular plaintiff's case, advocacy may mean both asserting the client's rights against the defendant(s) - and guarding the client against a variety of defensive tactics employed by the defense attorneys for the defendant(s).  Litigators must apply these skills in diverse areas of the law.  Today's litigators are constantly called upon to transfer their skills from one area of substantive law to another with little or no advance notice.

The classic form of litigation arises out of a claim for personal injury.  In these cases, the focus is on issues such as negligence, liability, proximate cause and the placement of monetary value upon the loss.  Many unique facts are always involved, and so too can the use of outside consultative assistance - such as the kind provided by expert witnesses.

Litigation requires the ability to work with people.  Litigators must interact effectively with clients and witnesses, opposing parties, other attorneys (both friend and foe), with court clerks and judges, policeman, insurance company personnel, jury members . . . the list goes on!  The most effective litigators are those who keep their emotions in check and their wits about them when tensions run especially high.

The ultimate goal of any litigator is simply to effectuate a cost-effective resolution to his or her client's claim(s).  Because litigation is an expensive proposition, it is not to be undertaken lightly . . . nor should it be prolonged beyond advantage to either side.  It is for this reason that 90% of all cases are resolved before they go to trial inside a courtroom.

Litigation serves as a form of negotiation, arbitration, and settlement.  The conventional wisdom among litigators has it that a litigator has failed if the case goes to trial.  In a sense, the litigator has not served the best interests of his client if the case reaches the courthouse.  It is my experience that a failure on the part of the defense attorney for the insurance company and insurance company's policy holder (a negligent automobile driver, for example) is almost always the reason litigation ends up in the courthouse - in front of a jury.

Remember.  If you are injured or have lost a loved one through someone else's negligence - call D. Richard Roseman Law Offices, and ask to speak personally with Attorney D. Richard Roseman.  Let no insurance company . . . and, let no defense attorney - stand in the way of the just compensation you and your family deserve.