Who is a litigation lawyer?

A litigation lawyer is an expert, who has undergone years of study and training to learn how to protect the best interests of his or her clients in court. 

There are two major types of lawyers:

• Litigation
• Transactional 

It is part of the work of a litigation lawyer is to present you in court, argument on your behalf, protect your rights, and make a coherent, cogent, and powerful case to get a decision that is favorable to you.

In contrast, a transactional lawyer mainly deals with your rights and obligations. His or her job is to keep on the safe side of law when you are dealing with anyone other than tribunals or courts.

For instance, a transactional lawyer helps you understand the content of business deals. It is his or her job to interpret the clauses in such deals and make sure you have a legal leg to stand on when a dispute arises. The contracts drafted by legitimate transactional lawyers held in courts, where the jury tends to enforce the terms mentioned in the contract.

The job of a transactional lawyer is limited to drafting. He or she does not enforce the contract. This responsibility falls on the shoulders of litigation lawyers. It is their specialty to know how courts function and come up with the most effective manner to argue before a judge.

Let’s try to understand this with these examples. 

Transactional lawyers draft contracts in situations, such as business deals, employee contracts, and will drafts. When everyone is clear about their roles, the contracts hold up well. But a litigation lawyer has to intervene when a dispute arises.

Let’s imagine that someone refuses to accept the drafted agreement, or breaks it, or alleges the other individual is not following the contract. This leaves you with two options: 

·         Negotiate the terms of the contract again with assistance from a transactional lawyer

·         Hire a litigation lawyer who can support you and enforce the contract

In other words, it is the job of transactional lawyers to draft contracts. But when it comes to enforcement, only litigation lawyers can help you.

This is a short introduction to litigation lawyers written by New York corporate lawyer, Hartley Bernstein.