Litigator — A Definition

Sarah Edwards | November 29, 2022

Edited by Hannah Locklear

Are you involved in a lawsuit or thinking about filing a lawsuit? Do you like watching TV shows about legal affairs, like “Law and Order” or “Better Call Saul”? If so, you’ve probably heard of the legal term litigator, but you may not know what it means. People often interchange the terms litigator and trial lawyer, but they mean different things.

What is a litigator?

A litigator handles all the legal process aspects, including investigation, pre-trial work, discovery, pleadings, negotiation of settlements, trial representation, and appeal. You may also refer to a litigator as an attorney or lawyer.

Litigators accept various types of cases, depending on the focus of their practice. For instance, some focus on personal injury law, while others handle criminal or commercial law. There are numerous types of law that an attorney can select from.

What is a trial lawyer?

A trial lawyer can also be a litigator. They may perform all the actions that a litigator does, like investigating and developing a case strategy.

However, some attorneys choose to concentrate solely on the trial process. They may possess certain skills that make them very effective in a courtroom versus handling the process part of a lawsuit.

Most trial lawyers who aren’t involved in litigation spend their working hours in court. When they’re not in court, they review the information given by litigators to formulate their trial strategy or prepare witnesses for courtroom deposition.

Litigators follow an investigation process

The investigation process of a litigator’s work typically takes up most of their time. When they accept a case, they inspect each element of their client’s claims. For instance, in a personal injury case involving a car accident, they’ll likely examine the police report, obtain videos from the crash scene, and review medical records.

Using the documentation they obtain, a litigator may identify potential witnesses or experts who can assist in their case strategy. For instance, they may seek help from a medical expert or a witness who saw the crash.

The investigation process helps the litigator determine how they want to portray the case during negotiation, pleading, or trial.

What are pleadings?

All participants in a lawsuit must file pleadings in court, whether they are the plaintiff or the defendant. A pleading is a formal, legal document that argues the side of each party’s case.

The plaintiff of a case will plead with the court for assistance in punishing the defendant for their alleged wrongs. For instance, they may file a pleading such as a Complaint to request that the court grants them damages for an accident or send someone to jail for committing a crime.

What is discovery?

Once the litigator completes their investigation and gives a pleading, the discovery process ensues. During discovery, litigators typically interview others involved in the case, including the opposing parties. Litigators may also identify other witnesses before the trial begins.

As they uncover additional information, litigators can file motions to the court. For instance, they may ask the court to admit evidence or delay the trial if specific circumstances arise.

How does a settlement work?

Litigators often seek to keep cases out of the courtroom if possible. A trial is typically lengthy, expensive, and may not end with the results they desire. A settlement can alleviate the costs that a trial requires and resolve the case much more quickly than a trial would.

Settlements are prevalent in all types of legal claims. For instance, a personal injury case may resolve through settlement if both parties can reach an agreement.

In a case involving debt, a defendant may offer a settlement to stop the lawsuit and other collection activities.

Settlements aren’t always possible, but they can alleviate the caseload in the courtroom and result in a satisfactory ending for both parties in a lawsuit.

A litigator has specific responsibilities during trial

The litigator will represent their client in court if a case goes to trial. The litigator begins the trial process by selecting jury members, providing opening and closing statements, and directing the client's legal strategy. They’ll question witnesses and cross-examine witnesses brought by the opposing client.

Litigators also present evidence to the jury during the trial. They’ll show the proof to the jury and explain why it’s essential to the case.

A litigator will also answer requests from the judge and handle any paperwork necessary throughout the trial.

Litigators can handle appeals if necessary

Sometimes, a party to a lawsuit will disagree with the outcome of the case. If the litigator feels there are grounds for a potential appeal, they’ll handle the paperwork to move the case forward. Typically, an appeal can only move forward if the court made a legal error during the trial.

In short, litigators handle the legal process from end to end for their clients. They’re necessary to ensure that their clients get fair representation for their case, regardless of whether they represent the plaintiff or the defendant.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court