What is Civil Litigation? - Defined from a Paralegal Point of View

What is Litigation?

Litigation is the legal process of resolving disputes between two or more parties through the court system. When individuals, businesses, or organizations have conflicts that they cannot settle through negotiation, they may seek resolution in court, leading to litigation. This process can involve various steps, including filing lawsuits, presenting evidence, arguing cases before a judge and/or jury, and sometimes appealing decisions.

Civil vs. Criminal Litigation

While litigation serves as a broad term for legal disputes, it’s essential to distinguish between two main types: civil and criminal litigation. Civil litigation involves disputes between individuals or organizations over legal rights and obligations, often regarding contracts, property, or injuries. Criminal litigation, on the other hand, deals with cases where the government prosecutes individuals or entities accused of breaking the law. In criminal cases, penalties can include fines, imprisonment, or community service, while civil cases typically seek financial compensation or other remedies without jail time.

What is Civil Litigation?

Civil litigation encompasses the legal processes individuals, businesses, and organizations use to resolve non-criminal disputes. Civil cases often address issues related to personal or property rights, where one party seeks compensation or another form of remedy from the opposing party. Unlike criminal litigation, where the goal is to punish unlawful behavior, civil litigation aims to resolve disagreements and hold parties accountable for their actions or agreements.

Civil litigation can involve various stages, including filing a complaint, discovery, pretrial hearings, trial, and potentially appeal. Due to the complexity and duration of many civil cases, a litigation paralegal often plays an essential role in assisting civil litigation attorneys, gathering evidence, preparing documents, and maintaining communication with clients throughout the process.

Types of Litigation

Civil litigation covers multiple types of cases, each with unique characteristics and legal requirements. Here are some of the most common types of civil litigation, each serving a specific function in the judicial system:

• Contract Disputes: In contract litigation, parties resolve disputes over the terms or breach of contracts. These cases may arise from disagreements in business partnerships, service agreements, or employment terms, with one party often seeking compensation for damages due to the other party’s failure to fulfill contractual obligations.
• Tort Claims: Tort claims involve cases where a plaintiff alleges harm due to the actions or negligence of another party. Common tort cases include personal injury claims, product liability issues, and defamation suits. The goal is typically to seek compensation for damages, including medical costs, lost wages, and emotional distress.
• Property Disputes: Property litigation arises when there are disagreements over real estate ownership, property rights, or boundaries. These disputes often involve landlords, tenants, neighbors, or homeowners’ associations, with outcomes that can affect property values or usage rights.
• Family Law: Family law litigation deals with sensitive matters such as divorce, child custody, and alimony. These cases focus on resolving issues that impact family relationships and often require mediation and negotiation in addition to litigation.
• Intellectual Property (IP) Disputes: IP litigation involves the protection of intellectual property rights, such as trademarks, copyrights, and patents. Individuals or businesses may seek litigation to protect their creations from unauthorized use, often requiring specialized knowledge of IP laws.
• Employment Litigation: Employment disputes arise when there are allegations of workplace discrimination, wrongful termination, or harassment. These cases often require navigating complex employment laws to protect the rights of employees or employers.

Each type of civil litigation demands specific legal expertise and strategies tailored to the nature of the dispute and desired outcome. Civil dispute lawyers and their support teams, including litigation paralegals, often specialize in these areas to provide more targeted legal representation.

Civil Litigation Terms Defined

• Tort: This is an act of wrongdoing that resulted in another person to suffer loss or harm.
• Petition: A pleading/legal document that requests a court order
• Complaint: The first statement (or pleading) filed that sets the civil case in motion.
• Damages: The reward or money sought after for the determined loss/injury.
• Deposition: A sworn statement(s) made by witnesses outside the courtroom to gain information for the civil lawsuit
• Brief: A written legal document that is presented to the court explaining why one party should win the case
• Arbitration: When the two parties in disagreement decide to resolve issues without going to court and instead take it to a private panel of arbitrators.

What is a Litigation Paralegal?

A litigation paralegal is a specialized legal assistant who supports attorneys throughout the litigation process by managing essential tasks, researching, and handling administrative duties to ensure the case progresses smoothly. Paralegals do not practice law or represent clients in court but perform many critical behind-the-scenes functions to aid attorneys in building strong cases.

What Does a Civil Litigation Paralegal Do?

Litigation paralegals are essential to the civil litigation process. They handle many of the critical details and research-heavy duties that are required for a successful case. Along with all the duties expected of a paralegal in general, common duties in a civil law practice include:

• Assisting with interviews
• Preparing legal documents
• Obtaining copies of police reports, investigation files, and coroner’s findings
• Managing schedules for clients and lawyers
• Drafting pre-trial disclosures
• Attending trials and taking notes
• Assisting with jury selection

While civil litigation can be a complex field, it’s an exciting career choice for job seekers who enjoy the thrill of tracking down facts, pinpointing loopholes, and dealing with debates.

Paralegal vs. Lawyer

Unlike lawyers, who hold a law degree and pass the bar examination, paralegals typically have a two-year associate degree, a four-year bachelor’s degree, or a paralegal certification. Paralegals are not licensed to offer legal advice or present cases in court. Instead, they focus on organizing case files, preparing documents, and conducting legal research in support of lawyers and legal defense teams.

What Does a Civil Litigation Attorney Do?

A litigation attorney, also referred to as a trial lawyer or litigator, represents either defendants or plaintiffs who are involved in civil disputes. These litigators will typically specialize in a particular area, such as divorce law or medical malpractice suits. This allows them to have a more detailed knowledge of their practice area. Civil litigation law is incredibly broad, so it’s helpful to keep a focus on just a few areas rather than attempting to represent them all.

A civil litigator’s daily duties might include interviewing clients, drafting formal complaints or claims, conducting depositions, and drafting motions. Civil litigators must determine the best trial strategy for each case. This might include mediation and negotiation to attempt to settle the case out of court. Trial lawyers may also need to take their cases to court. In these cases, their responsibilities could include investigation, trials, settlements, appeals, jury selection, court appearances and more.

Paralegal vs. Legal Assistant

While the terms “paralegal” and “legal assistant” are sometimes used interchangeably, they often refer to slightly different roles. Legal assistants may handle more administrative and clerical duties, like scheduling appointments and managing client communication – and may require less legal assistant education up front. Paralegals, on the other hand, are more involved in substantive legal work, such as gathering case information, drafting legal documents, and assisting in court preparation.

Skills and Training

Litigation paralegals typically have formal training in legal studies and strong skills in research, writing, organization, and communication. They need to understand legal terminology and court procedures to assist attorneys effectively. Some paralegals pursue certifications through organizations like the National Association of Legal Assistants (NALA) to enhance their qualifications, while others may take specialized courses focusing on litigation.

Pros and Cons of a Paralegal Career

Becoming a paralegal offers an opportunity to work in the legal field without the time and expense required to become a lawyer. Paralegals gain valuable experience in law and often have flexible career options in law firms, corporations, government agencies, and nonprofits. However, the work can be demanding, with tight deadlines, high volumes of paperwork, and the need for meticulous attention to detail. However, if you thrive in an environment where you serve in a support role, the paralegal field offers a meaningful way to serve civil justice as part of a broader legal defense team.

For more insights on the paralegal profession, check out Bryant & Stratton College’s blog on Becoming a Paralegal, which covers the education, skills, and career paths available to aspiring paralegals.

Interested in Becoming a Litigation Paralegal?

If you’re interested in a rewarding legal career as a litigation paralegal, there are several educational paths and skills you should consider. To start, many individuals complete a paralegal studies program, which provides foundational knowledge in legal research, court procedures, and case preparation. Certifications from reputable organizations like NALA can also enhance your qualifications and make you a competitive candidate in the job market.

Working as a litigation paralegal can be intellectually stimulating, allowing you to participate in the legal process and contribute to meaningful cases. This role also offers room for growth, with some paralegals moving into senior positions or transitioning into related areas like legal compliance or law firm administration. The demand for paralegals remains steady, and the role is often more affordable and faster to attain than a law degree, making it an attractive option for those interested in the legal field.

Start Your Paralegal Journey Today

Bryant & Stratton College offers a variety of human & legal services degrees, including a variety of options for litigation paralegals or legal assistants:

• AAS Paralegal Studies: an associate degree in Paralegal Studies will prepare you for career as a paralegal or legal support worker, it will also help set you up for success when studying for paralegal certification exams.
• Legal Office Assistant Diploma: our diploma program can be completed faster than an associate degree, allowing you to enter the legal workforce faster although positions may be more entry-level, such as a legal office assistant or records clerk.
• Paralegal Certificate: the faster program offered by our continuing education department, this certificate is not a formal diploma or degree, but can be a great introduction to this field or supplement existing work experience.

All of these programs are available online or on-campus, giving you flexibility as you seek training in paralegal practice. Request information today about our paralegal program and see how easy it would be to start your training in this in-demand field.