When it comes to the legal field, the terminology and different practice areas and specialties can be confusing for non-lawyers. While many people are familiar with the term litigation, there is also complex litigation, and its name alludes to how complicated this practice area can be. Here, we’ll take a look at complex litigation and what it involves.
Defining Complex Litigation
Understanding what complex litigation entails is important for clients looking for an attorney, law students contemplating their post-graduation practice area, and practitioners in the field. So, how is complex litigation defined?
The term complex litigation is typically used to describe corporate civil lawsuits. A complex civil litigation case will have many layers: multiple plaintiffs or defendants, multiple jurisdictions, large sums of money, and complicated legal issues that may or may not have an associated legal precedent. Additionally, complex litigation is very time intensive, which can be both costly and mentally exhausting for all involved parties.
Some complex litigation cases involve unique legal issues that would be difficult to litigate, no matter how experienced the legal team is. Your legal team will need to know exactly which laws are relevant to your case, and the less experienced the team, the more time and manpower needed, which translates into costs. Sometimes, even seemingly straightforward cases evolve into complex litigation due to differing laws across jurisdictions or unique facts of the case.
When to Consult a Complex Litigation Attorney
Now that you’re clear about the basics of complex litigation, you may be wondering if it’s best to consult an attorney specializing in complex litigation. Some of the most common instances where a complex litigation attorney is necessary include environmental litigation, multi-jurisdiction litigation, class action lawsuits, and international arbitration, to name a few.
If you are listed as a defendant in a complex legal battle, you will want to know that your legal team is experienced enough to help you navigate what can be a lengthy and tiring legal process. An attorney that can be trusted to handle complex litigation will consider your needs as a client and advise you on an approximate timeline and likely outcomes. Your attorney and/or legal team should be able to advise you when a settlement is the most favorable solution or when it is better to fight it out in court. An experienced complex litigation attorney will work hard to minimize the negative effects of such a complex case.
How Firms Can Effectively Approach Complex Litigation
For attorneys involved in complex litigation, there are a plethora of steps involved to effectively handle these cases. You may be aware of the investigation, pleadings, discovery, and pre-trial phases, as these steps generally describe how any case proceeds through the judicial system. However, complex litigation is more nuanced and requires a deeper level of detail that is not seen in simpler legal cases.
Complex litigation attorneys often enlist the help of legal assistants who are knowledgeable about this type of litigation. They will assist in the review of evidence, and assist in the preparation of the necessary documentation to effectively present the case. This early stage investigation will also reveal any possible settlement opportunities and give the attorney information that can be used in pretrial negotiations. The discovery phase is usually the most time-consuming stage of a complex litigation case, and diligence during this phase can save a lot of headaches later.
This time-intensive process only gets more complicated if the case goes to trial, so often attorneys explore all possible pathways to a settlement beforehand. They will advise their client on why settlement offers are beneficial for both parties while making it clear that the firm would not recommend something that is not in their best interest. Attorneys will also articulate the research that has been completed by the legal team and advise their client on the most likely outcome of the case should a settlement be avoided in the beginning. Many times, in complex litigation cases, a case goes to trial only to end with a settlement offer. The later a settlement agreement is reached, the more time and expense the client will incur.
Clients should ask questions during their initial consultation to determine if the firm is the right fit for their case. The client should know that they will likely work with multiple attorneys, but will have one primary attorney with which to interface. Aside from complex civil litigation experience, attorneys will need to have a team that is well-versed in electronic discovery (e-discovery), strategy, and can explain the case in a manner that a judge or jury can quickly grasp.
Recent Comments