Civil Litigation

Civil Litigation

“Litigation” is a pretty all-encompassing term. Litigation attorneys are also known as litigators or trial attorneys. They represent the plaintiff or defendant the whole way through the lawsuit process. There are many different areas on which you can focus litigation. Thus, you should look to other practice areas to determine what area you want to litigate. Civil litigation encompasses all litigation that does not have criminal charges or penalties.

The main reason we listed this as a practice area is that often lawyers become general litigators and will take cases in several areas. They are really good at the whole process, from researching, to investigating, to negotiating, but they especially excel in the courtroom. If you get a thrill at being in the courtroom and want to argue before a judge frequently, you may want to consider becoming a litigator.

If you’ve ever watched a TV lawyer drama, this is the type of lawyer you will have seen. It might not be as glamorous as the TV makes it appear, however! Litigators are known for being lawyers who work around the clock. It’s a litigation attorney’s job to know all the ins and outs of how the court system works. Litigators actually spend most of their time doing discovery work.

If you would like a good article about what it means to be a litigator, you should read this article. It gives an excellent distinction between what transactional attorneys and litigation attorneys do.

Attorney Spotlight:

Carmen Ortiz currently works for Anderson & Kreiger, where she focuses on internal investigations, white collar litigation, civil litigation, and employment litigation. She has an impressive background as former U.S. Attorney for the District of Massachusetts, where she managed over 200 people and oversaw the litigation of many complex cases. Carmen implemented the District’s first Civil Rights Unit, and she even directed the prosecution of the Boston Marathon bomber.

Carmen’s interview:

Q: How long have you been a lawyer?

A:  Over 35 years

Q: Where did you go to law school?

A:  George Washington University Law School

Q: What size is your firm?

A:  It’s a small firm – about 35 lawyers (and a total of 50 staff)

Q: Describe an average day at work…

A:  My days vary. Sometimes I’m meeting with clients or working on an investigation, sometimes I’m interviewing witnesses and reviewing documents, and sometimes I’m conferring with colleagues on the development of investigations and cases and planning what strategies we should follow to get the best outcomes. I also do a bit of business development and networking because that is part of private practice. I sit on non-profit organization boards outside of work. Sometimes my days are very client-oriented, and sometimes my days are more business-oriented. I will often speak at events I get invited to and on panels.

Q: Do you deal with difficult people?

A:  No, but I deal with people who may be involved in challenging situations and who are looking to me to resolve those situations.

Q: What makes your day-to-day work different from that in other practice areas?

A:  I think for me right now, my day-to-day work is interesting, challenging, and a new adventure. It’s very rewarding being able to help people who might not have done anything wrong or were in the wrong place at the wrong time. I see myself as a problem solver.

Q: How many hours a week do you typically work?

A:  I would say on average anywhere between 40-50 hours a week, but it really varies. When I’m doing a lot of business development and marketing it’s actually longer because I’m out in the evenings. Right now, I’m trying to grow the business.

Q: What do you like most about your job/practice area?

A:  I like my ability to help people resolve challenging situations. Trying to figure out how to best address a legal situation is challenging and interesting.

Q: You would be a happy and successful lawyer in this practice area if you…

A:  … have a genuine interest in this type of work, are passionate about it, and are committed to give it all you’ve got. You get out of it what you put into it, so there must be a genuine interest.

Q: What other comments do you have to add about your practice area?

A: Litigation is an interesting area because you need to have a certain degree of confidence and ease in public speaking and also a “presence” that lets you make compelling arguments in court. Students should be prepared for research and document drafting. As lawyers gain more experience, especially in litigation, they will get to do more of the witness interviewing, client meetings, and lawyer strategy meetings. Law students, though, play a more supportive role as they become lawyers. They should look for opportunities to get better hands-on experience – working for a government lawyer or a small firm will result in more hands-on tasks. Particularly in a small firm that doesn’t have the luxury of a lot of associates students can gain better experience.

In many ways, you can only do your best with what you have. Many times you are just mitigating the consequences of someone’s behavior or situation. I have to remind people that I’m a lawyer, and a good lawyer, but not a magician.

– Carmen Ortiz