Construction Law

What Does A Litigation Attorney Do? featured image

What Does A Litigation Attorney Do?

If you find yourself one of two parties that are in a dispute that is not being resolved, one of the next steps you can take is to hire a Tampa construction litigation attorney, also known as a litigator.

A litigation attorney will take you through the whole process of filing and proceeding with a lawsuit. The attorney will be able to advise you on whether or not a litigation case and going to court is the right course of action for you, or if your case would be better settled outside of court in mediation or arbitration.

Litigation attorneys start out by determining if there is enough evidence to file or defend a lawsuit, depending on if their client is the plaintiff or the defendant. The litigation attorney may find witnesses for the case and take their statements, as well as investigate the facts. Litigation attorneys will also write up pleadings motions, collect depositions, and prepare for pre-trial.


Before the trial, the litigation attorney will counsel their clients and develop a strategy. Also during pre-trial, they will hold pre-trial depositions of witnesses and experts, draft and argue pre-trial motions, and prepare trial exhibits.


Some or most of all lawsuits that go to civil court are settled before the trial. However, some cases do go to trial, and if that happens, the litigation attorneys prepare for court. They select a jury and present their case in court, which can include showing the jury evidence, calling witnesses to the stand, and having opening and closing statements. If the case does go to court, and the litigation attorney and their client do not reach their preferred outcome, they can appeal the case. This would require the attorney to draft post-trial motions, gather more evidence, and develop more strategies.

No Trial

To avoid risk and cost, sometimes litigation attorney will try to settle before court. If trying to reach a pre-trial settlement, litigation attorneys will negotiate with the opposing parties to reach an agreement. Mediation is sometimes involved in this process.

Cotney Attorneys & Consultants is a group of construction litigation attorneys in Tampa that have worked on many litigation dispute cases between contractors, subcontractors, owners, engineers, and more.

If you are in need of representation for construction arbitration or litigation by a construction litigation attorney in Tampa, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.