Start My Answer
loading...

Litigator — A Definition

Sarah Edwards | November 29, 2022

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: Generally speaking, a litigator is a lawyer that specializes in civil cases but can take on other types of law cases as well.

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 Solo?

Solo makes it easy to resolve debt with 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.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

Respond with SoloSuit

Get Started

>>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 all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started

Contents